Borough of Closter, NJ Article XXI Satellite Earth Stations

[Added 7-11-1984 by Ord. No. 1984:475]

§ 200-88 Definitions.

As used in this Article, the following terms shall have the meanings indicated:

SATELLITE EARTH STATION

Any apparatus, building or structure which is designed for the purpose of receiving television, microwave, satellite or similar signals, in excess of 35 inches in diameter, used in connection with what is commonly referred to as "dish-type antennas."

[Amended 8-10-2016 by Ord. No. 2016:1211]

§ 200-89 Administration officer designated.

The provisions of this Article shall be administered by the Zoning Official of the Borough of Closter.

§ 200-90 Submission and review procedures.

A. Any property owner or person or entity in possession of property shall submit to the Zoning Official, prior to the placement of a satellite earth station, a plan showing the size of the satellite earth station, the proposed location of the same on the subject premises and such other information as may be required herein.

B. The Zoning 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 owners or person in possession of property.

§ 200-91 Plan details.

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 person or entity 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 Zoning Official.

C. The lot(s) and block number of the lot(s) from the Borough Tax Map 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 the 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 accessory buildings and structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.

F. All existing and proposed setback dimensions and landscape areas.

G. Existing and proposed plantings to provide screening as required by this Article.

H. Any and all other information necessary to meet any of the requirements of this Article not listed above.

§ 200-92 Design standards.

[Amended 5-26-1993 by Ord. No. 1993:652]

A. The diameter of satellite earth station antennas (parabolic dish) shall not be greater than three meters.

B. The maximum height of antennas and mounting structures measured vertically from the highest point of the antenna when positioned for operation shall not be greater than five meters above the ground. The height set forth herein shall include the platform or structure upon which said antenna is mounted or affixed.

C. In Zoning District Nos. 1, 2 and 3, satellite earth stations shall be only installed in the rear yard of a lot, except that if credible evidence is presented to the Zoning Official that satellite signals cannot be obtained from such rear yard, then the earth station may be located in a side yard, if so determined by the Zoning Official, and further excepting that if credible evidence is presented to the Zoning Official that usable satellite signals cannot be obtained from the rear yard or either side yard of a lot, then the earth station may be located in the front yard of the lot if so determined by the Zoning Official, and further provided that if credible evidence is presented to the Zoning Official that satellite signals cannot be obtained from any yard on the lot, then the earth station may be placed on the roof or sidewall if so determined by the Zoning Official. The Zoning Official, if he or she determines that a roof or sidewall mounting is necessary, shall waive the requirements of Subsection B of this section and shall require a mounting on the roof so as to least obstruct the view and sunlight of the owners and occupants of contiguous properties. "Credible evidence," as used in this chapter, shall mean certification or an affidavit from a qualified expert that the satellite earth station, if ground-mounted in the rear yard, then side yard and then front yard, does not have the look angle with azimuth alignment and elevation alignment needed to receive signals in a substantially unobstructed manner.

D. No ground level satellite earth stations shall be closer than 35 feet from the side property line and no closer than 20 feet from any rear property line, except that the Zoning Officer may waive said requirements when credible evidence is presented to him or her that satellite signals cannot be obtained while complying with said setback requirements; if the Zoning Officer so finds, he or she shall direct the placement of the satellite earth station wherein satellite signals can be obtained with the least encroachment upon the setbacks set forth herein.

E. Every satellite earth station shall be effectively screened by a special planting screen or fence (in accordance with Chapter 103 of the Code of the Borough of Closter, entitled "Fences") as approved by the Zoning Official, which shall be maintained in good condition so that satellite earth station shall not be readily visible from any adjacent property or public street, provided that the Zoning Official may waive the screening requirement to the extent necessary to ensure that usable satellite signals can be obtained.

F. Earth stations shall meet all manufacturer's specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.

G. Every earth station must be adequately grounded for protection against direct strike of lightning.

H. Power control and signal cables from or to the satellite earth station shall be underground, where possible, and installed in accordance with the appropriate building code, if any.

I. All construction and mounting of foundation on ground installation and roof installation, if necessary, shall be approved by the Construction Code Official in accordance with BOCA.

J. No satellite earth station shall be installed or used for commercial use in a residential zone.

K. In no event shall any satellite earth station be placed so as to obstruct the sight triangle of traffic on the street(s) on which the property fronts. In reaching his or her decision concerning the placement of satellite earth stations, the Zoning Official shall consider the following criteria, placing the greatest weight upon them in the order in which they appear:

(1) The ability of the satellite earth station to receive usable signals.

(2) Sunlight and aesthetic view of owners and occupants of immediately contiguous properties.

(3) Aesthetic view of the public from street(s) on which subject property fronts and from properties not immediately contiguous to the subject property.

(4) Aesthetic view of the owner and occupants of the subject property.

L. No more than one satellite earth station shall be permitted on a building lot.

§ 200-93 Fees. [1]

The application fee for a permit to install a satellite earth station shall be as set forth in Chapter A301, Fees and Deposits. In addition, the applicant shall deposit a sum as set forth in Chapter A301, Fees and Deposits, to cover the cost of review sources deemed necessary by the Construction Official, such as the Borough Engineer, the Borough Attorney or other Borough personnel. The Treasurer shall place the deposit in a trust account and shall charge 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.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 200-94 Violations and penalties.

[Amended 1-3-1994 by Ord. No. 1993:66]

Any person who violates any provision of this Article XXI 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 penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.

§ 200-95 Enforcement officer designated.

The Zoning Official of the Borough of Closter is hereby designated as the public officer charged with the enforcement of the terms of this article. All complaints for alleged violation of any of the terms of this article shall be submitted, in writing, to said Zoning Official.