[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Rocky Hill 12-16-1985 by Ord. No. 11-85. Amendments noted where applicable.]
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 Rocky Hill.
No satellite earth station antenna, including its mount, shall be built,
erected or modified until a site plan is obtained from the Planning Board
and a building permit is obtained from the Building Inspector in accordance
with plans and specifications as presented to and approved by the Planning
Board. Any person (which shall include corporations, partnerships, associations
or any other legal entity) applying for such a permit shall furnish to the
Building Inspector such plans, drawings and specifications as approved by
the Planning Board for the satellite earth station antenna to be constructed,
erected or modified and shall pay a fee of $25 with said application.
A.Â
All satellite earth station antennas shall be deemed
accessory buildings as said term is defined in the Zoning Ordinance of the
Borough of Rocky Hill and shall be subject to all regulations set forth in
said Zoning Ordinance governing the location and height of accessory buildings.[1]
[1]
Editor's Note: See the Development Regulations Ordinance on file in
the office of the Municipal Clerk.
B.Â
All satellite earth station antennas shall be located
either in the rear yard or on the principal structure located on the lot in
question.
C.Â
All satellite earth station antennas shall be designed
in conformance with the American National Standards Institute Standard A58.1,
American National Standard Building Code Requirements for Minimum Design Loads
in Buildings and Other Structures, and the Electronics Industry Association
Standard RS-411, Electrical and Mechanical Characteristics of Antennas for
Satellite Earth Stations or any modification or successors to said standards,
as well as any other construction or performance standards, rules and regulations
of any governmental entity having jurisdiction over such antennas, including,
without limitation, the Federal Communications Commission. A certificate of
performance with the aforesaid standards by the manufacturer's professional
personnel or such other professional as may be deemed appropriate by the Building
Inspector shall be submitted to the Building Inspector as a condition of the
issuance of the building permit required by this chapter.
[Added 2-3-1986 by Ord. No.
1-86]
A.Â
Satellite earth station antennas less than 30 inches
in diameter may be located in any zone. If roof-mounted the antenna may not
project above a peaked roof or more than 24 inches above a flat roof. If ground-mounted
the antenna must be located in the rear yard only and must comply with all
zoning, fencing and screening requirements set forth herein and in the ordinances
of the Borough.
B.Â
Satellite earth station antennas more than 30 inches
in diameter but less than 10 feet in diameter may be located in any zone subject
to site plan approval and conditional use permit. The antenna must be ground-mounted
in the rear yard only and must comply with all zoning, fencing and screening
requirements set forth herein and in the ordinances of the Borough. The maximum
height of the antenna, including base and mounting structure, measured vertically
from the ground to the highest point of the antenna when positioned for operation
shall be 12 feet.
C.Â
Satellite earth station antennas in excess of 10 feet
in diameter are prohibited.
D.Â
All power controls and signal cables from the antenna
to the structure which it is designed to serve shall be installed underground
and shall comply with all applicable provisions of applicable building codes.
E.Â
Any antenna shall be designated only for the use, benefit
and enjoyment of the occupants of the structure on or at which the antenna
is proposed to be installed. Multiunit structures may be permitted to share
use of a single antenna.
F.Â
No more than one antenna shall be permitted as an accessory
for a primary use.
A.Â
Every satellite earth station antenna shall be enclosed
with a wooden or wire-mesh fence having a height of six feet in order to prevent
unauthorized persons from gaining access to the antenna. The fence required
hereby may be constructed on the perimeter of the property in accordance with
Borough law governing fences, but the screening requirements set forth in
this chapter shall remain in effect, even if the fence constructed is at or
near the perimeter of the property rather than in closer proximity to and
surrounding the antenna and mount.
B.Â
All satellite earth station antennas shall be reasonably
screened to minimize the view of the antenna from public thoroughfares and
the ground level of adjacent properties. Screening may consist of trellises,
latticework, decorative block, basketweave fencing, open artistic block or
other similar material at least four feet in height of such kind, proximity
and density of growth as shall effectively screen the antenna and mount in
all seasons of the year. If the screening is not maintained, any permit granted
in connection with the satellite earth station antenna is subject to revocation
by the Building Inspector. All screening shall confirm to all other Borough
ordinances, including ordinances governing fences.
Applications for variances from the terms of this chapter may be presented
to the Board of Adjustment of the Borough of Rocky Hill or the Planning Board
in the appropriate case, in accordance with this chapter, the Zoning Code
and the rules and regulations governing the land use boards in the Borough
of Rocky Hill.
Any person, firm or corporation or his, her or its agent, servant, representative
or employee violating any of the provisions of this chapter shall be punishable
by a fine of not more than $500 or by imprisonment for not more than 90 days,
or by both such fine and imprisonment. Each day's continuance is a violation
of any of the provisions of this chapter shall be deemed a separate and distinct
offense and shall be punishable accordingly.[1]
