[HISTORY: Adopted by the City Council of the City of Bridgeton 6-19-2012 by Ord. No.
11-28. Amendments noted where applicable.]
A.
The purpose of this chapter is to manage the placement and number
of satellite dish antennas (SDAs) within the City of Bridgeton in
a manner that will properly safeguard the public health, safety and
welfare, as well as preserve the nature of historic properties, while
complying with the requirements of the Telecommunications Act of 1996,
Federal Communications Commission Over-the-Air Reception Devices (OTARD)
rule.[1]
[1]
Editor's Note: See 47 U.S.C. § 303.
B.
The following requirements apply to SDAs that are less than one meter
(39.37 inches) in diameter.
(1)
All SDA installations shall be reviewed by the Zoning Official for
compliance with the requirements of this chapter before being installed.
(2)
Permits are not required, unless the SDA installation involves a
pole (or mast) that extends more than 12 feet above the roofline or
that encroaches upon any zoning setback specified by Chapter 370.
(3)
Installations visible from the street on (or in front of) structures
in the Historic Preservation District shall be approved by the Zoning
Official.
(4)
Satellite dish antennas shall be placed where they are not visible
from the street unless such placement prevents reception of an acceptable
signal according to a written statement from a licensed, authorized
installer on company letterhead that includes the installer's
signature.
(5)
Prohibited placement; installation of wires and cables.
(6)
Satellite dish antennas shall be installed in a manner so as not
to interfere with television, radio or similar reception in adjacent
and nearby areas and shall meet all state and federal requirements.
(7)
Satellite dish antennas may not be placed on any lot which does not
contain a permitted principal structure.
(8)
To the greatest extent possible, all SDAs shall blend with the immediate
surrounding area, including the color of the roof when roof mounted.
(9)
No advertisements of any type are permitted on any SDA.
(10)
Existing antenna installations that do not adhere to these requirements
shall be brought into compliance within 30 days of receiving a notice
of violation or shall be removed.
(11)
Satellite dish antennas not in active service shall be removed
within 30 days of ending the service subscription. Proof of active
service is demonstrated by a current invoice, or active contract,
for said service.
(12)
Unless a multiunit dwelling is configured such that a single
SDA provides service to multiple dwelling units, the following requirements
shall be enforced:
A.
Except as otherwise specifically provided within this chapter, any person who shall violate the provisions of this section shall be liable to pay a fine of $35 for a first offense, $75 for a second offense and $150 for a third offense. Such amounts may be paid without appearance in court unless the summons otherwise indicates that a court appearance is necessary before the Judge of the Municipal Court of the City of Bridgeton. If a court appearance is required, the Court shall impose the general penalty as provided in Chapter 1, Article III, for an offense/violation. If a court appearance is required, the court may also impose remediation and community service up to 30 days. In addition, any person, firm, corporation or other entity convicted of a violation of this article shall pay all expenses incurred for the removal of said SDA. Each day that a violation occurs may be considered as a separate violation of the provisions of this chapter.
B.
For purposes of determining the imposition of penalties for more
than one offense or violation: