[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 7-16-1986 by Ord. No. 86-11. Amendments noted where applicable.]
The Mayor and Council of the Borough of East Rutherford find that the
uncontrolled construction of satellite earth station antennas in East Rutherford
would be inimical to the general welfare of the citizens of East Rutherford.
It is the purpose of this chapter to establish standards for the construction
and erection of satellite earth station antennas within East Rutherford in
order to protect against injury to persons which may be attracted to such
satellite earth station antennas, particularly children, and to prevent the
depreciation of land values that could result from the indiscriminate placement
of such antennas.
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.
No satellite earth station antenna, including its mount, shall be built,
erected or modified until a building permit is issued by the Building Inspector.
Any person (which shall include corporations, partnerships, associations or
any other legal entity) applying for such permit shall furnish to the Building
Inspector such plans, drawings and specifications as he may reasonably require
as to the satellite earth station antenna to be constructed, erected or modified
for placement of the same on the property in question and shall pay a fee
of $25 with said application.
A.
All satellite earth station antennas shall be deemed accessory buildings, as said term is defined in Ch. 389, Zoning, and shall be subject to all regulations set forth in said Zoning Chapter governing the location and height of accessory buildings.
B.
All satellite earth station antennas shall be located
in the rear yard.
C.
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
and buildings and other structures and Electronics Industry Association Standard
RS-411, electrical and mechanical characteristics 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 conformance with the
aforesaid standard 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 for the issuance of
the building permit required by this chapter.
A.
Every satellite earth station antenna shall be enclosed
with a wooden or wire mesh fence having a height of five feet in order to
prevent unauthorized persons from gaining access to the antenna. The fence
required here may be constructed on the perimeter of the property in accordance
with borough ordinances 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.
All satellite earth station antennas shall be reasonably
screened to minimize the view of the antenna from public thoroughfares and
the ground levels of adjacent properties. Screening may consist of trellis,
lattice work, decorative block, basket weave fencing, open artistic block
or other similar material at least four feet in height as is approved by the
Building Inspector, or may consist of approved plantings of at least four
feet in height of such kind, proximity and density of growth which shall effectively
screen the antenna and mount in all seasons of the year. All screening shall
be maintained as originally approved. 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 conform
to all other borough ordinances.
Applications for variances from the terms of this chapter may be presented to the Board of Adjustment of the Borough of East Rutherford or the Planning Board, in the appropriate case, in accordance with this chapter, Chapter 389, Zoning, and the rules and regulations governing the Land Use Boards[1] in the Borough of East Rutherford.[2]
