Borough of Woodbury Heights, NJ General Provisions and Design Standards

All permitted fences shall be situated on a lot in such a manner that the finished side of such fence shall face adjacent properties. All fences shall be of a permanent type and appropriate for the intended use. No fence of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals shall be erected.

Fences shall be erected or constructed only in the rear and side yards and only after a permit for the same has been obtained from the Construction Code Official. There shall be no fences constructed in the front yard, with the exception of a living fence. A living fence shall be planted no closer than four feet from the property line and shall not encroach over a sidewalk or beyond a property line. Living fences shall be maintained in a neatly trimmed condition. On a corner lot, a fence may not be located between the street line and the building line.

[Amended 9-15-2021 by Ord. No. 17-2021]

(Reserved)[1]

Editor's Note: Former Subsection A(3), regarding the Fence Architectural Review Committee, was repealed 9-15-2021 by Ord. No. 17-2021.

No wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, which shall be measured from the grade of the subject property and shall include the combination of any fence and/or retaining wall. The following exceptions shall apply to this section:

[Amended 5-19-04 by Ord. No. 9-2004]

Buffer areas shall meet the requirements specified in Article VIII.

Off-street parking, loading and driveway areas shall meet the requirements specified in Section 70-23.

Sight triangle easements shall be required at intersections, in addition to the specified right-of-way width, in which no planting or structure shall be erected or maintained higher than two feet in height except for street signs, fire hydrants and light standards. The "sight triangle" is defined as the area outside the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines at a point 30 feet from the point of street line intersection. Such easement dedication shall be expressed on the site plan as follows: "Sight triangle deeded for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Woodbury Heights."

If the Construction Code 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 owner of such fence and violation in writing and his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 30 days of the date of written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this section.

All fences must be erected within property lines and no fence shall be erected so as to encroach upon public right-of-way.

Fencing requirements for swimming pools shall be maintained in accordance with the provisions of Chapter 98 of the Woodbury Heights Code entitled "Swimming Pools."

C.C. Community Commercial, H.C. Highway Commercial, and L.I. Limited Industrial Districts.

Fencing requirements shall be the same as R Residential Districts, except that:

A buffer zone often (10) feet must be established between a C.C. Community Commercial, H.C. Highway Commercial, or L.I. Limited Industrial Districts, and any residential district.

No wall or fence shall be erected or altered so that said wall or fence shall be over eight feet in height.

Barbed wire may be used to top fencing so long as the supports are facing inward and present no harm to passing persons or animals.

Permit required; fee. No fence shall be built until a building permit is issued by the Construction Code Official. Any person applying for such permit shall supply the Construction Code Official with such plans, drawings and specifications as he may require as to the fence to be constructed, and shall pay a fee of $25 with said application.

Violation and penalties. Any person, firm or corporation or his, her or its agent, servant, representative or employee violating any of the provisions of this chapter shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both such fine and imprisonment. Each days' continuance of a violation of any of the provisions of this chapter shall be deemed a separate and distinct offense and shall be punishable accordingly.

§ 70-20 Lighting.

Streetlighting of a type supplied by the utility and of a type and number approved by the Borough Engineer shall be provided for all street intersections and anywhere else deemed necessary for safety reasons. Wherever electricity utility installations are required to be underground, the applicant shall provide for underground service for streetlighting.

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The mounting height for lighting fixtures shall not be more than 35 feet or the height of the building.

§ 70-21 Lot configuration.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved public street.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line, and all setbacks shall be measured from such new street line.

Where there is a question as to the suitability of lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal or on-lot sewage treatment or similar circumstances, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

Monuments shall be installed for all newly created lots in compliance with the requirements of N.J.S.A. 46:23-9.11(8). All lot corners shall be marked with a concrete monument or metal alloy pin of permanent character.

§ 70-22 Nonconforming lots, structures and uses.

Lots.

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the borough in order to meet the minimum street width requirements of the Official Map, Master Plan or of this chapter, the Construction Official shall issue construction and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size or a structure which violates any yard requirements may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:

The existing use or uses on the lot are conforming to the permitted use or uses stipulated in this chapter for the lot in question.

The total permitted building coverage is not exceeded.

The accessory building and/or addition does not violate any other requirements of this chapter, such as but not limited to height, setback and parking.

Structures and uses.

Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. However, no nonconforming use or structure, if once changed into a conforming use or structure, shall be changed back into a nonconforming use or structure. Moreover, the vacation of a nonconforming use or structure for a consecutive period of one year shall be regarded as a permanent vacation, and thereafter the structure shall not be reoccupied except in conformity with the regulations of the district in which it is located, and the use may not be resumed.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief, except that any commercial or industrial use existing as a conforming use immediately prior to the date of adoption of this chapter and which has been made a nonconforming use by the provisions of this chapter may be physically expanded as a right by no more than 25% of the gross building coverage of the facility or facilities currently devoted to such use on said date of adoption, provided that:

The specific activity is not changed.

The aggregate building coverage on the lot does not exceed 40%.

The building expansion does not narrow any side, rear or front yard less than a minimum of 30 feet.

No outside storage or display areas or activities are expanded.

The site plan for such expansion receives approval by the Planning Board in accordance with the provisions of this chapter.

(f)

All other applicable provisions are met.

§ 70-22.1 Single-Family Residential Uses as Conditional Uses.

[Added 7-18-18 by Ord. No. 10-2018]

In any zoning district within the Borough of Woodbury Heights, a preexisting nonconforming single-family residential structure may be reconstructed and repaired if deemed completely destroyed by the Zoning Officer, subject to the following conditions:

The Property contains a preexisting non-conforming single-family residential dwelling unit and is located in a zoning district that does not permit single-family residential dwelling units.

The single-family dwelling unit was determined to be completed destroyed by the Zoning Officer such that the structure was damaged by more than 75%.

The reconstruction or repair of the single-family residential structure must maintain the minimum setbacks of the original building if they are non-conforming to the zoning standards.

The single-family residential dwelling unit may be relocated in order to conform to the zoning districts standards of the zone in which the structure is located, upon approval of the Joint Land Use Board, so that the dwelling unit is more conforming to the zoning district bulk requirements.

The footprint of the proposed single-family residential dwelling unit shall not be increased by more than 10% without approval from the Borough of Woodbury Heights Joint Land Use Board.

The building permit for the proposed single-family residential dwelling to be reconstructed shall be obtained by the property owner within 18 months from the date of loss of the original dwelling.

§ 70-23 Off-street parking and loading areas and driveways.

Landscaping. To the maximum extent possible, each off-street parking area shall have a minimum area equivalent to one parking space per every 10 parking spaces landscaped, with 1/2 said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility and shall not be construed as meeting the requirements for buffers as specified in this chapter.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 70-20.

Surfacing and curbing.

All parking and loading areas and access drives shall be paved as determined by the Borough Engineer and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

Curbing shall be provided along the perimeter of all off-street parking and loading areas as well as along all traffic aisles providing access to said parking and loading areas or shall have an equivalent or alternate design as determined by the Borough Engineer and approved as part of the development application approval.

Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. Any separate access points shall be spaced at least 45 feet apart, shall handle no more than two lanes of traffic, shall be at least 10 feet from any property lines and shall be set back from the street line of any intersecting street at least 50 feet or half the lot frontage, whichever is greater, except that in no case need the setback distance exceed 100 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that two-way driveways serving nonresidential uses shall be at least 24 feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway, or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

Location of parking and loading.

No parking of vehicles shall be permitted in fire lanes, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas or within five feet from any property line.

Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter.

Type of facility. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Angle of Parking Space (degrees)	One-Way Aisle (feet)	Two-Way Aisle (feet)
90	25	25
60	18	20
45	15	20
30	13	18
Parallel	13	18

§ 70-24 Performance standards for all uses.

An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure.

Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.

Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection as they are adopted and amended.

Odor. Odors shall not be discernible at the lot line or beyond.

Storage and waste disposal. No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses or contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.

§ 70-25 Principal use and building limited.

Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on one lot.

§ 70-26 Public utilities.

All public utilities shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections.

Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or borough departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Woodbury Heights."

§ 70-27 Sanitary sewers and septic systems.

If a public treatment and collection system is accessible or planned, the developer shall construct facilities in such a manner as to make adequate sewage treatment available to each lot and structure within the development by said treatment and collection system.

Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Health Department or borough ordinance enforced by the Borough Board of Health, whichever is more restrictive, and shall be subject to approval by the Borough Board of Health.

§ 70-28 Signs.

General provisions. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboards shall be erected or replaced. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. Unless otherwise specified in this chapter, the erection of any sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of a building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.

Animated, flashing and illusionary signs. Except for time/temperature display signs, all signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Height. No freestanding or attached sign shall be higher at any point than the roofline of the building or 25 feet, whichever is lower, except that no sign shall exceed any lesser height if particularly specified, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveway and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least 10 feet above the walkway.

Freestanding signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guide wires, chains or other connections shall not be made a permanent support of the freestanding sign.

Illuminated signs. Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.

Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs and warning signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area, nor shall a construction permit be required.

Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Whenever a sign shall become dilapidated or structurally unsafe, the Construction Official shall order the owner to repair said sign or remove it. Such order shall be made in writing, and the owner shall comply with the order within 10 days or be subject to the penalties stipulated in § 70-53A of this chapter.

Portable signs. No sign shall be exhibited which is portable, i.e., fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by another object; mounted on wheels or movable vehicles; or made easily movable in some other manner.

Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least five horizontal feet from all street lines. Such signs shall not exceed six square feet in area and shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of legal closing. All such signs do not need a construction permit.

Sign area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

Signs with two exposures. Such signs shall be measured for area using the surface of one side of the sign only. Both sides may be used.

Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building.

Window signs. Interior signs shall not require a construction permit; provided, however, that such interior signs shall not exceed 20% of the total window area.

Street signs. Street signs shall be metal and of the type, design and standard previously installed elsewhere in the borough. The location of the street signs shall be determined by the Board, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.

Temporary election signs.

Notwithstanding any other provision under this chapter, all temporary election signs shall conform to the following requirements:

[Added 11-21-00 by Ord. No. 13-2000]

No election sign shall be placed on private property, vacant or otherwise, without the express permission of the owner of such property;

No election signs shall be erected more than 45 days prior to the date of the election;

All election signs shall be removed within seven days after such election;

No sign shall exceed 32 square feet in area;

No more than one election sign per candidate or referenda, the collective and total area of which shall not exceed 32 square feet shall be permitted per street frontage on any one property;

No political sign shall be posted on any public property or in the public right-of-way;

No political sign shall be placed or affixed to a tree, fence, post, utility pole or structure, by any means whatsoever;

All election signs shall be set back at least five horizontal feet from all street lines;

(9)

All such election signs shall not require a construction permit;

(10)

No sign shall be located to obstruct or impair traffic visibility or be located in areas of sight triangle at intersections.

§ 70-29 Streets, curbs and sidewalks.

Streets.

All developments shall be served by paved public streets with an adequate crown. The arrangement of streets now shown on the Master Plan or Official Map, as adopted by the borough, shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.

When a new development adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets. Any proposed development shall utilize existing access provisions wherever possible and feasible.

The minimum public street right-of-way for streets under Gloucester County jurisdiction shall be as approved by the county. The minimum public street right-of-way for borough streets shall be as approved by the Borough of Woodbury Heights Planning Board and in accordance with the following schedule:

Local streets: 50 feet. Local streets function primarily as access points to abutting properties.

Collector streets: 60 feet. Collector streets serve to gather traffic from the local streets before the design capacity of the local streets are exceeded. The traffic is then funneled to traffic generators, such as shopping centers or other commercial areas or to arterial roads.

Arterial streets: 100 to 125 feet. Arterial streets serve to transport regional traffic characterized by high volumes, extended destinations or substantial numbers of commercial vehicles.

In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan and/or Official Map or the street width requirements of this chapter, additional land along either or both sides of said street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished, and the dedication shall be expressed as follows: "Street right-of-way granted permitting the entrance upon these lands for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Woodbury Heights." This statement shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plan and/or as provided for by any maintenance or performance guaranties. If the development is along one side only, 1/2 of the required extra width shall be dedicated. Additionally, that portion of the existing street or road adjoining or included within a site plan or major subdivision shall be improved, including excavation, grading, base courses and surfacing in accordance with the road improvement standards of this chapter.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty degrees (60º), and approaches to all intersections shall follow a straight line for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point.

Culs-de-sac of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall be no more than 400 feet in length and shall provide a turnaround at the end with a radius of 40 feet on the curbline plus a utility and planting strip width of 10 feet around the entire cul-de-sac for a total right-of-way radius of 50 feet. The center point for the radius shall be on the center line of the associated street, or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to approve or name streets within a proposed development.

The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Borough, County or State Engineers when said paving concerns roads under the jurisdiction and where such standards exist. Concerning streets under jurisdiction of the borough, the following standards shall apply.

The minimum requirements of any new street shall be constructed according to the specifications and procedures as set forth in the New Jersey State Highway Department Standard Specifications (1961) with addenda.

The base course shall be two-and-one-half-inch stabilized base placed on four inches of macadam which has been inspected and approved by the Borough Engineer.

The surface course for all classes of borough streets shall consist of two inches of bituminous concrete, Type FABC-1, Mix No. 5.

(9)

The approval of any map of land delineating streets by the governing body of the borough shall in no way be construed as an acceptance of any street indicated thereon.

Curbs.

Concrete curbing shall be installed along every street within a development and at intersections with existing borough, county or state roads and shall be laid in a manner approved by the appropriate governmental authority. Borough roads shall adhere to the following specifications:

The concrete to be used for curbs shall be Class B concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.

Expansion joints shall be provided at maximum intervals of 10 feet and shall be sealed as specified by the Borough Engineer.

Openings for driveway access shall be in such widths as shall be determined by the Borough Engineer and in accordance with § 70-23D of this chapter. The curb at such driveway openings shall be depressed to the extent that one and one-half (1 1/2) inches extend above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of one and one-half (1 1/2) inches.

Concrete curbs for local roads shall be eight inches wide at their base and not less than seven inches wide at their top. Their height shall not be less than 20 inches, and they shall be constructed to show a vertical face above the roadway pavement of six inches. The rear top corner of this curb shall have a radius of 1/4 inch, and the top front corner shall have a radius of one and one-half (1 1/2) inches.

Depressed curb ramps for the handicapped shall be installed at all radii curbs in accordance with the laws of the State of New Jersey.

Sidewalks and aprons.

Sidewalks and aprons shall be required on both sides of all proposed streets, unless specifically waived by the Planning Board.

ALTERNATIVE TOWER STRUCTURE

Sidewalks shall be at least four feet wide. Sidewalks and aprons shall be concrete and shall be constructed in accordance with the requirements by the Borough Engineer.

§ 70-30 Swimming pools.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yard areas only, shall occupy no more than 75% of the yard area in which it is located and shall be set back at least 10 feet from any property line.

A private residential swimming pool area must be surrounded by a fence with a self-latching gate at least four feet but not more than six feet in height, and said fence shall be set back at least five feet from the swimming pool and at least 10 feet from any property line if the fence exceeds five feet in height.

§ 70-31 Water supply.

Where public water is accessible and certified to be adequate, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure.

Where no public water is accessible, water shall be furnished on an individual basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of 25 feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended. The well will be required to have a production of net less than six gallons per minute, as established by bailer tests and certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hydrochlorite or other acceptable solutions and a sample collected by a local or State Health Department representative for bacteriological examination. A copy of the result of the above referred to bailor tests and bacteriological certificate from the local or State Health Officer that the owner has complied with the applicable local or state health regulations shall be submitted to the borough before the issuance of construction permits in connection with each individual lot.

§ 70-32 Use of yards by another principal building.

No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.

§ 70-32.1 Wireless telecommunications towers and antennas.

[Added 3-19-1997 by Ord. No. 6.1997]

Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Borough of Woodbury Heights shall give due consideration to the Borough of Woodbury Heights' master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

Definitions. As used in this section, the following terms shall have the meanings set forth below:

Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

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.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

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 includes the structure and any support thereto.

Applicability.

New towers and antennas. All new towers or antennas in the Borough of Woodbury Heights shall be subject to these regulations, except as provided in subsections C(2) through (4), inclusive.

Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections D(6) and (7).

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

General requirements.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Woodbury Heights or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Woodbury Heights, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. 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.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, 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 section 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 and 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.

Building codes: safety standards. 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 and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Woodbury Heights 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.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Woodbury Heights irrespective of municipal and county jurisdictional boundaries.

(9)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(10)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Woodbury Heights have been obtained and shall file a copy of all required franchises with the Zoning Officer.

(11)

Public notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection G,(2),(e),[a], Table 2, in addition to any notice otherwise required by the Zoning Ordinance.

(12)

Signs. No signs shall be allowed on an antenna or tower.

(13)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection H.

(14)

Multiple antenna/tower plan. The Borough of Woodbury Heights encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

Permitted uses.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

Permitted uses. The following uses are specifically permitted:

Antennas or towers located on property owned, leased, or otherwise controlled by the Borough of Woodbury Heights provided a license or lease authorizing such antenna or tower has been approved by the Borough of Woodbury Heights.

Administratively approved uses.

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

The Zoning Officer may administratively approve the uses listed in this section.

Each applicant for administrative approval shall apply to the Zoning Officer providing the information set forth in subsection G(2)(a) and (b) of this section and a nonrefundable fee as established by resolution of the governing body to reimburse the Borough of Woodbury Heights for the costs of reviewing the application.

The Zoning Officer shall review the application for administrative approval and determine if the proposed use complies with subsections D,G(2)(d) and (e) of this section.

The Zoning Officer shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

In connection with any such administrative approval, the Zoning Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in subsection G(2)(d) or separation distances between towers in subsection G(2)(e) by up to 50%.

(f)

In connection with any such administrative approval, the Zoning Officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(g)

If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to subsection G. prior to filing any appeal that may be available under the Zoning Ordinance.

List of administratively approved uses. The following uses may be approved by the Zoning Officer after conducting an administrative review:

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the LI Limited Industrial District or HC Highway Commercial District.

Locating antennas on existing structures or towers consistent with the terms of paragraphs [1] and [2] below.

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

The antenna does not extend more than 30 feet above the highest point of the structure;

The antenna complies with all applicable FCC and FAA regulations; and

[c]

The antenna complies with all applicable building codes.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as a monopole.

Height.

(i)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(ii)

The height change referred to in paragraph [c],(i) may only occur one time per communication tower.

(iii)

The additional height referred to in paragraph [c],(i) shall not require an additional distance separation as set forth in subsection G. The tower's premodification height shall be used to calculate such distance separations.

[c]

Onsite location.

(i)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

(ii)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(iii)

A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection G(2)(e).

(iv)

The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection G(2)(e) shall only be permitted when approved by the Zoning Officer.

New towers in nonresidential zoning districts. A new tower may be located in a CC Community Commercial District provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Officer concludes the tower is in conformity and, with the goals set forth in subsection A and the requirements of subsection D; and the tower meets the setback requirements in subsection G(2)(d) and separation distances in subsection G(2)(e); and the tower meets the following height and usage criteria:

For a single user, up to 90 feet in height;

For two users, up to 120 feet in height; and

For three or more users, up to 150 feet in height.

Locating any alternative tower structure in a CC Community Commercial zoning district that in the judgment of the Zoning Officer is in conformity with the goals set forth in subsection A of this section.

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

Conditional use permits.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the combined Planning and Zoning Board (hereafter referred to as "Planning Board"):

If the tower or antenna is not a permitted use under subsection E. of this section or permitted to be approved administratively pursuant to subsection F. of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

Applications for conditional use permits under this section shall be subject to the procedures and requirements of Section 70-33 of the Zoning Ordinance, except as modified in this section.

In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the governing body to reimburse the Borough of Woodbury Heights for the costs of reviewing the application.

Towers.

Information required. In addition to any information required for applications for conditional use permits pursuant to Section 70-33 of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection D(3), shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

[5]

A landscape plan showing specific landscape materials.

[6]

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

[7]

A description of compliance with subsections D(3), (4), (5), (6), (7), (10, (12) and (13), and subsection G(2),(d) and (e) and all applicable federal, state or local laws.

[8]

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[9]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

[10]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[11]

A description of the feasible location(s) of future towers or antennas within the Borough of Woodbury Heights based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Section 70-33 of the Zoning Ordinance, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:

Height of the proposed tower;

Proximity of the tower to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

[5]

Surrounding tree coverage and foliage;

[6]

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[7]

Proposed ingress and egress; and

[8]

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection G(2)(c) of this section.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

[5]

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[6]

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

[7]

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this section would be better served thereby:

Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this ordinance would be better served thereby.

Separation from off-site uses/designated areas.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1:
Off-site Use/Designated Area	Separation Distance
Single-family or duplex residential units[1]	200 feet or 300% height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300% height of tower[2] whichever is greater
Vacant unplatted residentially zoned lands[3]	100 feet or 100% height of tower whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100% height of tower whichever is greater
Nonresidentially zoned lands or nonresidential uses	None; only setbacks apply

Includes modular homes and mobile homes used for living purposes.

Separation measured from base of tower to closest building setback line.

Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

Separation distances between towers.

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2:
Existing Towers - Types	Lattice	Guyed	Monopole 75 Ft. in Height or Greater	Monopole Less Than 75 Ft. in Height
Lattice	5000	5000	1,500	750
Guyed	5000	5000	1,500	750
Monopole 75 Ft. in Height or Greater	1,500	1,500	1,500	750
Monopole Less Than 75 Ft. in Height	750	750	750	750

(f)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Board may waive such requirements, as it deems appropriate.

(g)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this section would be better served thereby.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

In residential districts, the equipment cabinet or structure may be located:

Provided the cabinet or structure is no greater than 10 feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 200 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches.

In commercial or industrial districts the equipment -cabinet or structure shall be no greater than 10 feet in height or 100 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Modification of building size requirements. The requirements of subsection H(1) through (3) may be modified by the Zoning Officer in the case of administratively approved uses or by the Planning Board in the case of uses permitted by conditional use to encourage collocation.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Woodbury Heights notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

Nonconforming uses.

Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in subsection G(2)(d) and (e). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection I.[4]

Editor's Note: Former § 70-32.2, Fair Share Ordinance and Affirmative Marketing Plan, added 2-28-07 by Ord. No. 3-2007, which immediately followed this section, was repealed 7-15-2020 by Ord. No. 3-2020.

§ 70-32.2 Cannabis Establishments.

[Added 7-21-2021 by Ord. No. 10-2021; amended 10-19-2022 by Ord. No. 20-2022]

Enforcement; penalties.

Inspections. The Zoning Official; Police Department; and the Fire Department shall, from time to time, make an inspection of the Cannabis Establishment for the purpose of determining whether the provisions of this section are complied with on a routine basis. It shall be unlawful for any Cannabis Establishment to refuse to allow such inspection or to hinder such an inspection.

Penalties. Any person violating any provision of this section shall, upon conviction be subject to the applicable disciplinary actions and penalties and be subject to a fine of not more than $2,500 or imprisonment for a term not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

Zoning districts where cannabis manufacturing and retail establishments are conditionally permitted.

Cannabis Manufacturing Establishments are a permitted use in the Borough, in accordance with all applicable provisions set forth herein, state law, and all other applicable codes and regulations, including but not limited to the Building Code, in the following area: LI- Limited Industrial Zoning District.