[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:
- SATELLITE EARTH STATION ANTENNA
- 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.
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.
All satellite earth station antennas shall be located in the rear yard.
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.
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.
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 in the Borough of East Rutherford.