Saddle Brook City Zoning Code
ARTICLE VIA
Satellite Dishes
[Added 3-2-1995 by Ord. No. 1093]
§ 206-24.1 Findings.
The Mayor and Council of the Township of Saddle Brook, New Jersey, finds it to be in the best interest of the Township to regulate the installation of antennas, towers and satellite dishes in order to promote the public health, safety, welfare and aesthetics and to ensure the ordinary development of the Township.
§ 206-24.2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ANTENNA
Any device specifically designed for the reception or transmission, or both, of radio frequency signals, but not including receivers, transmitters and transmission lines.
FCC FILING
Includes any application, including all attachments, exhibits, appendices, memoranda, amendments, supplements and comments, correspondence addressed to the FCC of individual comments or objection of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law and briefs on appeal, initial decisions of administrative law judges, decisions of the FCC and all other matters relevant to an FCC application.
FEDERAL COMMUNICATIONS COMMISSION (FCC) APPLICATION
Includes any application or other request to the FCC for a license, certificate, waivers, special, temporary authorization or any other instrument of authorization issued by the FCC.
HEIGHT
The height of any antenna shall be measured from the mean grade of the surrounding terrain to a radius of 35 feet and up to and including the highest point of the antenna or antenna support, whichever is more elevated. "Height" shall be measured from mean grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level.
RADIATING ELEMENT
That part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space.
SATELLITE ANTENNA
Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
TOWER
Any mechanical support or structural elements whose specific purpose is to support and maintain an antenna at an elevated point.
§ 206-24.3 Administration.
A.
The provisions of this Article shall be administered by the Construction Code Official of the Township of Saddle Brook subject to FCC application and/or filing where applicable.
B.
Any property owner shall, prior to the placement of a satellite antenna, submit to the Construction Code Official a plan showing the size of the antenna, tower or satellite dish, the proposed location of the same on the subject premises and such other information as may be required herein.
C.
The Construction Code Official shall review said plan and render a decision within 30 days of the submission of said plan and within such further time as may be consented to by the property owner.
§ 206-24.4 Contents of plan.
The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:
A.
The name and address of the applicant and the owner and the name, address and the title of the person preparing the plan and accompanying data, the date of preparation and the dates of each revision where applicable.
B.
An appropriate place for the signature of the Construction Code Official.
C.
The lot and block number(s) of the lot(s) from the Township Tax Maps and the length and bearing of the lot lines of the proposed project.
D.
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties, together with the names and addresses and disclosed on the Township Tax Map and tax rolls of the date of the application, and the location of existing buildings within 200 feet of the site in question.
E.
All existing buildings and structures and all necessary buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
F.
All existing and proposed setback dimensions, landscape areas and trees of the six-inch caliper on the site affected by the proposed installation.
G.
Existing and proposed plantings to provide screening for noise, glare and aesthetics.
H.
Any and all other information necessary to meet any of the requirements of this Article not listed above.
§ 206-24.5 Design standards.
A.
Antennas/towers.
(1)
The erection of any type of personal communication antenna for the transmission or reception of radio waves, including but not limited to antennas utilized by amateur radio and civilian band with booster operators, shall be limited to 35 feet in height, to be measured from as stated in § 206-24.2.
(2)
Any antenna extending upward from the top of a building shall not exceed 35 feet from ground level and shall be set back from every lot line a distance equal to its height above the building, if on a building, and a distance equal to its height from mean ground level, if freestanding, so that a neighboring property will not be damaged in the event that an antenna falls.
(3)
No commercial antenna is to be constructed in the Township. "Commercial antenna" is defined as any combination of antenna support, accessory structure and building and antenna designed in whole or in part for the reception and/or transmission of radio frequency energy as part of a licensed radio, television or microwave facility employed for commercial use. This term shall include such devices as are employed by nonprofit or religious stations not licensed under the amateur CBS regulations of the FCC.
(4)
No antenna located in the Township shall be used as a sign or as a supporting structure for any sign or lettering.
B.
Satellite dishes (SD) 30 inches or less in diameter.
(1)
Said dishes:
(a)
May be located in any zone.
(b)
May be roof-mounted or ground-mounted.
(2)
If roof-mounted, portion of SD may not project above peaked roof more than 24 inches above the roof.
(3)
If ground-mounted, may be located in rear yard and must comply with all setback requirements for accessory buildings, depending on zone, and may not be located in any buffer area.
(4)
If ground-mounted, the SD shall be located and screened to minimize motor noise and visibility from street and adjacent properties.
(5)
The SD shall be designed and shall be used only by residents of the main building on the subject premises. Any connection, electrical or otherwise, to adjacent properties shall be deemed a violation of the yard and setback provisions.
C.
Satellite dishes more than 30 inches but less than eight feet in diameter:
(1)
Are subject to site plan approval by the Township Planning Board and conditional use permits are subject to § 206-24.5B(1)(a),(2) and (5) above.
(2)
May not be located in a buffer area and may not be located within 25 feet of the property line.
D.
Satellite dishes, eight feet to 15 feet in diameter:
(1)
May be permitted in Industrial and CH Zones only, subject to site plan approval and conditional use permit by the Township Planning Board.
(2)
May be mounted with screening and sustain winds of 80 miles per hour.
(3)
May be located in the rear of the building or in the rear yard area, screened, and must meet setbacks for accessory buildings in said zone and may not be located in a buffer area.
E.
Satellite dishes shall be designed and shall be used only by residents of the main building on the subject premises. Any connection, electrical or otherwise, to adjacent properties shall be deemed a violation of the setback provisions hereof.
F.
Any satellite dish in excess of 15 feet in diameter is prohibited.
G.
Exceptions. The provisions of the above subsections shall not apply to the following:
(1)
Township public law enforcement and public safety apparatus.
(2)
Installations mounted within a fully enclosed building.
§ 206-24.6 Fee; deposit.
The application fee for a permit to install an antenna, tower or satellite dish shall be $50. In addition, the applicant shall deposit the sum of $100 to cover the cost of review services provided by the Construction Code Official, Township Engineer, Planning Board Attorney or other Township personnel. The clerk for the Construction Code Official shall place the deposit in a trust account and shall charge thereof all disbursements for said review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit sufficient, additional funds shall be deposited before any permit shall be issued.
§ 206-24.7 Appeals.
Any person other than the owner or applicant aggrieved by the terms of this Article may appeal the decision of the Construction Code Official, Planning Board or Zoning Board of Adjustment to the Mayor and Council of the Township of Saddle Brook.
§ 206-24.8 Violations and penalties.
Any person who violates any provision of this Article shall, for each and every violation thereof and for each and every day that said violation continues to be in existence, be subject to a fine of not more than $100 per violation.
§ 206-24.9 Enforcement official.
The Construction Code Official of the Township of Saddle Brook is hereby designated as the public officer charged with the enforcement of the terms of this Article. All complaints for alleged violations shall be submitted, in writing, to said Construction Code Official.
§ 206-24.10 Repealer.
All ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed insofar as said inconsistency exists.
§ 206-24.11 Severability.
If an Article, section, paragraph, subdivision, clause, regulation or provision of this Article shall be adjudged invalid, said adjudication shall apply only to the Article, section, paragraph, subdivision clause, regulation or provision so adjudged invalid, and the remainder of this Article shall be deemed valid and effective.
§ 206-24.12 Effective date.
This Article shall take effect immediately upon final passage and publication as required by law.
