[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 9-25-1984 by Ord. No. 84-17. Amendments noted where
applicable.]
This chapter, enacted by the Mayor and Council of the Borough
of Westwood to provide rules and regulations, standards and procedures
for the use and placement of satellite antennas within the Borough
of Westwood, 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 Antenna Ordinance
of the Borough of Westwood."
As used in this chapter, the following terms shall have the
meanings indicated:
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas.
The provisions of this chapter shall be administered by the
Construction Official of the Borough of Westwood.
A.
Any property owner shall, prior to the placement of a satellite antenna,
submit to the Construction Official a plan showing the size of the
satellite antenna, the proposed location of the same on the subject
premises and such other information as may be required herein.
B.
The Construction Official shall review said plan and render a decision
within 20 days of the submission of 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 Construction Official.
C.
The lot and block number(s) of the lot(s) from the Borough 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 lot or lots in question, the property
lines of all abutting properties, together with the names and addresses
as disclosed on the Borough Tax Map and tax rolls 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 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 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.
The following provisions shall govern the issuance of administrative
approvals for towers and antennas:
B.
Each applicant for administrative approval shall apply to the Planning/Zoning Board, providing the information set forth in § 195-144B(1) and (3) of Chapter 195, Land Use and Development, and a nonrefundable fee as established by resolution of the Mayor and Council to reimburse Borough of Westwood for the costs of reviewing the application.
C.
The Planning/Zoning Board shall review the application for administrative approval and determine if the proposed use complies with §§ 195-141 and 195-144B(4) and (5) of Chapter 195, Land Use and Development.
D.
The Planning/Zoning Board shall respond to each such application
within 60 days after receiving it by either approving or denying the
application. If the Planning/Zoning Board fails to respond to the
applicant within said 60 days, then the application shall be deemed
to be approved.
E.
In connection with any such administrative approval, the Planning/Zoning Board may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 195-144B(4) of Chapter 195, Land Use and Development, or separation distances between towers in § 195-144B(5) by up to 50%.
F.
In connection with any such administrative approval, the Planning/Zoning
Board may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
A.
Satellite dishes 30 inches or less in diameter:
(1)
May be located in any zone.
(2)
May be roof-mounted or ground-mounted.
(3)
If roof-mounted, may not project above a peaked roof or more than
24 inches above a flat roof.
(4)
If ground-mounted, may be located only in a rear yard and must comply
with all setback requirements for accessory buildings, depending on
zone, and may not be located in any buffer area.
(5)
If ground-mounted, the antenna shall be located and screened to minimize
motor noise and visibility from street and adjacent properties.
(6)
The antenna 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 hereof.
B.
Satellite dishes more than 30 inches but less than eight feet in
diameter:
(1)
May be located in all zones, subject to site plan approval and conditional
use permit.
(2)
May be ground-mounted only, in a pit or berm with screening.
(3)
May be located only in a rear yard area and must meet setback requirements
for accessory buildings within the particular zone.
(4)
May
not be located in a buffer area and may not be located within 25 feet
of the property line in any residential zone.
(5)
The bottom of the satellite dish may not be higher than 13 inches
above the ground, where located.
(6)
Antennas 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.
C.
Satellite dishes eight feet to 23 feet in diameter:
(2)
May be ground-mounted only, in a pit or berm with screening.
(3)
May be located only in a rear yard area and must meet setback requirements
for accessory buildings in said zone and may not be located in a buffer
area.
(4)
The bottom of the satellite dish may be no higher than 13 inches
from the ground, where located.
D.
Any satellite dish in excess of 23 feet in diameter is prohibited.
The application fee for a permit to install a satellite antenna
shall be $100. In addition, the applicant shall deposit the sum of
$250 to cover the cost of review services provided by the Construction
Official, Borough Engineer, Borough Attorney, Planning Board Attorney
or other Borough personnel. The Borough Clerk shall place the deposit
in a trust account in the name of the attorney 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.
Any person other than the owner or applicant aggrieved by the
terms of this chapter may appeal the decision of the Construction
Official, Planning Board or Zoning Board of Adjustment to the Mayor
and Council of the Borough of Westwood.
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.
The Construction Official of the Borough of Westwood is hereby
designated as the public officer charged with the enforcement of the
terms of this chapter. All complaints for alleged violation of any
of the terms of this chapter shall be submitted in writing to said
Construction Official.
