[Added 3-2-1995 by Ord. No. 1093]
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.
As used in this Article, the following terms
shall have the meanings indicated:
Any device specifically designed for the reception or transmission,
or both, of radio frequency signals, but not including receivers,
transmitters and transmission lines.
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.
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.
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.
That part of an antenna which is connected to the transmission
line and directly radiates electromagnetic energy into space.
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas.
Any mechanical support or structural elements whose specific
purpose is to support and maintain an antenna at an elevated point.
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.
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.
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.
(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.
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.
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.
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.
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.
All ordinances or parts of ordinances inconsistent
with the provisions hereof are hereby repealed insofar as said inconsistency
exists.
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.
This Article shall take effect immediately upon
final passage and publication as required by law.
