As used in this article, the following terms
shall have the meanings indicated:
Any apparatus which is designed for the purpose of receiving
and/or transmitting television, radio, microwave, satellite or similar
signals.
The objective of this Article XIV is to regulate antennas for safety and aesthetic reasons. Antennas may cause a safety hazard if not positioned and secured properly. Antennas may be aesthetically undesirable, and this concern is addressed by regulating the location and placement of the antenna so as to minimize the visual. The conditions set forth in § 255-68 are intended to address these safety and aesthetic concerns.
A.
Except as provided hereinbelow, no antenna shall be
constructed, erected or installed in the Borough unless and until
a building permit is issued by the Building Inspector, following the
procedures set forth herein. In all zones, a building permit shall
not be required for the construction, erection or alteration of an
antenna one meter or less in length or width or one meter or less
in diameter. In the B-1 and B-2 Districts, a building permit shall
not be required for the construction, erection or alteration of an
antenna two meters or less in length or width or two meters or less
in diameter.
B.
Upon proper application and hearing as provided herein,
one antenna shall be permitted as a conditional accessory use in any
residential or business district in the Borough, provided that the
Planning Board finds and determines that the following conditions
have been met:
(1)
The antenna surface area, measured in terms of square
feet, shall be no more than 12 square feet.
(2)
The equivalent diameter of the cable dish, measured
in terms of lineal feet, shall be no more than four feet.
(3)
The height of the antenna, including its base or mounting
structure, measured vertically from the ground to the highest point
of the antenna when positioned for operation, shall be no more than
six feet.
(4)
Any antenna shall be mounted on a base affixed to
the ground and shall be erected on a secure foundation. No antenna
may be erected or mounted on another structure or portion thereof
such as, but not limited to, a roof or wall.
(5)
Any antenna shall be located only in the rear yard
of the lot for which it is to be installed and shall comply in all
respects with the minimum requirements for the rear yard and side
yards of the zone in which such lot is situated.
(6)
Any antenna shall be located in a position on the
lot and screened in such a way so as to minimize noise and visual
impact as may be perceived from the street or streets adjacent to
the lot and from adjacent properties. Plants or trees equal to or
greater in height than the antenna itself shall be planted to provide
maximum screening and shielding from view and hearing.
(8)
Any antenna shall be designed only for the reception
of signals for the use, benefit and enjoyment of the occupants of
the structure on the lot on which the antenna is proposed to be installed.
(9)
No more than one antenna shall be permitted as an
accessory for any primary use.
A.
No building permit shall be issued for the construction, erection or installation of an antenna unless a conditional use approval therefor has been granted by the Planning Board. As set forth in § 255-68, in all zones, a building permit or conditional use approval shall not be required for the construction, erection or installation of an antenna one meter or less in length or width or one meter or less in diameter. In the B-1 and B-2 Districts, a building permit or conditional use approval shall not be required for the construction, erection or installation of an antenna two meters or less in length or width or two meters or less in diameter.
B.
For a conditional use approval for an antenna, the
procedure shall be as follows:
(1)
An application shall be submitted to the Planning
Board clerk, in writing, in duplicate, on forms supplied by the Planning
Board, furnishing the name and address of the owner and applicant,
and an identification by street number and lot and block designation
of the property involved.
(2)
The application shall be accompanied by 10 copies
of a survey of the property prepared by a licensed engineer or land
surveyor depicting the boundaries of the lot and all existing structures
and improvements on the property. There shall be further shown or
marked on the survey, and drawn to scale, the proposed location of
the antenna on the property.
(3)
The application shall also be accompanied by 10 copies
of a drawing showing the dimensions of the antenna and the planting
or screening as required hereunder.
(4)
The fee for such application shall be $200, plus $1,000
as an escrow for engineering and legal expenses.
[Amended 8-16-2004 by Ord. No. 852-04]
C.
Upon filing of a completed application for an antenna as a conditional accessory use, the Planning Board shall conduct a hearing in accordance with the provisions of § 218-37.
E.
A list of property owners to whom the applicant is required to give notice shall be furnished to the applicant in accordance with the provisions of § 218-39.
F.
The Planning Board shall render its decision not later
than 95 days from the filing of a completed application.
H.
No other provision of Article XIV shall be enforced, if such enforcement would reasonably limit or prevent reception of satellite-delivered signals by receive-only antennas or transmission of signals by licensed transmitters, or impose costs on users of such antennas that are excessive in the light of the purchase and installation cost of the equipment.
I.
In the event an applicant seeks a building permit for construction of an antenna which does not comply with the limitations of this Article XIV, he shall append to his application competent proof in affidavit form that compliance would unreasonably limit or prevent such reception or transmission, or impose costs upon the applicant that are excessive in the light of the purchase and installation cost of the equipment, in either case or both cases setting forth the bases for such conclusion including, where applicable, all such cost estimates, in detail.
The construction, erection or maintenance of any antenna other than in accordance with the provisions of this article shall constitute a violation of this article and shall be punishable as provided by Article XX.
