[HISTORY: Adopted by the Common Council of
the City of Linwood 9-25-1985 by Ord. No. 9-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 277.
This chapter, enacted by the Mayor and Common
Council of the City of Linwood to provide rules and regulations, standards
and procedures for the use and placement of satellite earth station
antennas within the City of Linwood and in order to promote the public
health, safety, welfare and aesthetics and to ensure the ordinary
development of the municipality, shall be known and may be cited as
the "Satellite Earth Station Antenna Ordinance of the City of Linwood."
The following definitions shall apply in the
interpretation and enforcement of this chapter:
The Building Code Officer of the City of Linwood or any of
his authorized assistants, agents or representatives.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television or radio antennas.
A.
The provisions of this chapter shall be administered
by the Building Code Officer of the City of Linwood. The Building
Code Officer of the City of Linwood is also designated as the public
officer charged with the enforcement of the terms of this chapter.
All complaints for alleged violations of any of the terms of this
chapter shall be submitted in writing to the said Building Code Officer.
B.
It shall be unlawful for any person to hinder or interfere
with the Building Code Officer or his authorized representatives in
the discharge of their duties under the provisions of this chapter.
It shall be unlawful for any person to install,
repair, replace or modify, either as owner or as agent, servant or
employee of the owner or as an independent contractor for the owner,
or otherwise, any satellite earth station antenna or any addition
to or substitutions for said antennas unless and until a permit shall
have first been obtained from the Building Code Officer.
Any property owner shall, prior to obtaining
a permit for the placement, installation, repair, replacement or modification
of a satellite earth station antenna, submit to the Building Code
Officer a plan showing the size of the satellite earth station antenna,
the proposed location of the same on the subject premises and such
other information as may be required herein. The Building Code Officer
shall review the said plan and render a decision within 20 days of
the submission of the said plan or within such further time as may
be consented to by the property owner.
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 Building
Code Officer.
C.
The lot and block number(s) of the lot(s) from the
City Tax Maps and the length and bearings 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 lots in question,
the property lines of all abutting properties, together with the names
and addresses as disclosed on the City Tax Map and tax roles as 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 accessory
buildings or structures on the lot or lots in question, 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 six-inch caliper on the site affected by the proposed
apparatus.
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 chapter not listed above and such further
information as the Building Code Officer shall require to show full
compliance with this and all other laws and ordinances of this City,
the State of New Jersey and the Government of the United States, including
any applicable rules and/or regulations of the Federal Communications
Commission.
A.
A satellite earth station antenna is only permitted
as an accessory use on a lot that contains a principal structure and
is subject to all present and future zoning regulations and performance
standards of this City governing the height and location of accessory
buildings.
B.
A satellite earth station antenna is only permitted
as a freestanding structure, and only ground level mounted earth station
satellite antennas shall be permitted. The bottom of the satellite
earth station antenna may not be higher than 13 inches above the ground,
where located. The height of a personal earth terminal shall not exceed
10 feet. The main reflector shall not exceed a diameter of 8 1/2 feet.
C.
The satellite earth station antenna shall be located
in the rear yard or side yard and must be a minimum of 10 feet from
the property line.
D.
A personal earth terminal shall be effectively screened
from view by natural plants, trees or other suitable sight barrier,
which shall be maintained in good condition, in order to minimize
the noise and visibility of the personal earth terminal from any adjacent
property and/or public street.
E.
All wiring necessitated by or used in conjunction
with the satellite earth station antenna shall be underground.
F.
No lot may contain more than one satellite earth station
antenna as heretofore regulated.
Every satellite earth station antenna erected
prior to the effective date of this chapter may be maintained and
operated in its present location, unless said antenna is so constructed
and maintained as to be unsafe and dangerous as determined by the
Building Code Officer under the provisions of this chapter.
Notwithstanding anything herein to the contrary,
minor repairs to satellite earth station antennas may be made without
the necessity of a permit; provided, however, that a prompt report
thereof is made to the Building Code Officer showing the extent thereof.
Should an investigation of the said minor repairs by the Building
Code Officer disclose defects, the same shall be pointed out and corrected
as required by the Building Code Officer.
[Amended 4-11-2018 by Ord. No. 6-2018]
Any person aggrieved by the terms of this chapter
or any persons seeking a variance from this chapter may make an application
to the Planning Board, utilizing the procedures currently set forth.
Any person who violates any provision of this
chapter 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, at the discretion of
the Municipal Court Judge of the City of Linwood.
[Amended 3-10-2010 by Ord. No. 5-2010]
The application fee for a permit to install,
repair, replace or modify a satellite earth station antenna shall
be $50. In addition, the applicant shall deposit the sum of $100 to
cover the cost of review services provided by the Building Code Officer
and other City personnel. The City Clerk shall place the deposit in
a trust account in the name of the applicant 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 the deposit, sufficient additional
funds shall be deposited before any permit shall be issued.
