[HISTORY: Adopted by the Common Council of the City of Linwood 9-25-1985 by Ord. No. 9-1985. Amendments noted where applicable.]
Zoning — See Ch. 277.
This chapter, enacted by the Mayor and Common Council of the City of Linwood to provide rules and regulations, standards and procedures for the use and placement of satellite earth station antennas within the City of Linwood 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 Earth Station Antenna Ordinance of the City of Linwood."
The following definitions shall apply in the interpretation and enforcement of this chapter:
- BUILDING CODE OFFICER
- The Building Code Officer of the City of Linwood or any of his authorized assistants, agents or representatives.
- Includes any person, firm, partnership, association, corporation, company or organization of any kind.
- SATELLITE EARTH STATION ANTENNA (commonly referred to as a "dish antenna")
- Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television or radio antennas.
The provisions of this chapter shall be administered by the Building Code Officer of the City of Linwood. The Building Code Officer of the City of Linwood is also designated as the public officer charged with the enforcement of the terms of this chapter. All complaints for alleged violations of any of the terms of this chapter shall be submitted in writing to the said Building Code Officer.
It shall be unlawful for any person to hinder or interfere with the Building Code Officer or his authorized representatives in the discharge of their duties under the provisions of this chapter.
It shall be unlawful for any person to install, repair, replace or modify, either as owner or as agent, servant or employee of the owner or as an independent contractor for the owner, or otherwise, any satellite earth station antenna or any addition to or substitutions for said antennas unless and until a permit shall have first been obtained from the Building Code Officer.
Any property owner shall, prior to obtaining a permit for the placement, installation, repair, replacement or modification of a satellite earth station antenna, submit to the Building Code Officer a plan showing the size of the satellite earth station antenna, the proposed location of the same on the subject premises and such other information as may be required herein. The Building Code Officer shall review the said plan and render a decision within 20 days of the submission of the 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:
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.
An appropriate place for the signature of the Building Code Officer.
The lot and block number(s) of the lot(s) from the City Tax Maps and the length and bearings of the lot lines of the proposed project.
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the City Tax Map and tax roles as of the date of the application, and the location of existing buildings within 200 feet of the site in question.
All existing buildings and structures and all accessory buildings or structures on the lot or lots in question, if any, with dimensions showing present and finished grade elevations at all corners.
All existing and proposed setback dimensions, landscape areas and trees of six-inch caliper on the site affected by the proposed apparatus.
Existing and proposed plantings to provide screening for noise, glare and aesthetics.
Any and all other information necessary to meet any of the requirements of this chapter not listed above and such further information as the Building Code Officer shall require to show full compliance with this and all other laws and ordinances of this City, the State of New Jersey and the Government of the United States, including any applicable rules and/or regulations of the Federal Communications Commission.
A satellite earth station antenna is only permitted as an accessory use on a lot that contains a principal structure and is subject to all present and future zoning regulations and performance standards of this City governing the height and location of accessory buildings.
A satellite earth station antenna is only permitted as a freestanding structure, and only ground level mounted earth station satellite antennas shall be permitted. The bottom of the satellite earth station antenna may not be higher than 13 inches above the ground, where located. The height of a personal earth terminal shall not exceed 10 feet. The main reflector shall not exceed a diameter of 8 1/2 feet.
The satellite earth station antenna shall be located in the rear yard or side yard and must be a minimum of 10 feet from the property line.
A personal earth terminal shall be effectively screened from view by natural plants, trees or other suitable sight barrier, which shall be maintained in good condition, in order to minimize the noise and visibility of the personal earth terminal from any adjacent property and/or public street.
All wiring necessitated by or used in conjunction with the satellite earth station antenna shall be underground.
No lot may contain more than one satellite earth station antenna as heretofore regulated.
Every satellite earth station antenna erected prior to the effective date of this chapter may be maintained and operated in its present location, unless said antenna is so constructed and maintained as to be unsafe and dangerous as determined by the Building Code Officer under the provisions of this chapter.
Notwithstanding anything herein to the contrary, minor repairs to satellite earth station antennas may be made without the necessity of a permit; provided, however, that a prompt report thereof is made to the Building Code Officer showing the extent thereof. Should an investigation of the said minor repairs by the Building Code Officer disclose defects, the same shall be pointed out and corrected as required by the Building Code Officer.
[Amended 4-11-2018 by Ord. No. 6-2018]
Any person aggrieved by the terms of this chapter or any persons seeking a variance from this chapter may make an application to the Planning Board, utilizing the procedures currently set forth.
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, at the discretion of the Municipal Court Judge of the City of Linwood.
]Amended 3-10-2010 by Ord. No. 5-2010]
The application fee for a permit to install, repair, replace or modify a satellite earth station antenna shall be $50. In addition, the applicant shall deposit the sum of $100 to cover the cost of review services provided by the Building Code Officer and other City personnel. The City Clerk shall place the deposit in a trust account in the name of the applicant 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 the deposit, sufficient additional funds shall be deposited before any permit shall be issued.