HomeMy WebLinkAboutOrd 168 Governing the installation of antenna satellite dishesORDINANCE NO. 168
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE INSTALLATION OF UP -LINK SATELLITE ANTENNA
DISHES; REQUIRING A PERMIT FOR THE INSTALLATION, ERECTION,
ENLARGEMENT, STRUCTURAL ALTERATION OR RELOCATION OF THE
SAME; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Board of Aldermen finds that hotel, office and commercial
development has occurred and will occur on appropriately zoned property in
Westlake; and
WHEREAS, certain owners or tenants of said property will be desirous of
installing or erecting up -link satellite antenna dishes, also known as earth stations,
so as to transmit and receive communications with other parties via satellite; and
WHEREAS, the Board of Aldermen is desirous of permitting the use of up-
link satellite antenna dishes with the approval of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
PART I.
That the Town hereby adopts this regulation concerning up -link satellite
antenna dishes which consists of Sections 1-6 which shall hereinafter read as
follows:
"SECTION 1. PURPOSE
That any person, firm or corporation desiring to place, install,
erect, enlarge, or alter an up -link satellite antenna dish, also
known as an earth station, on property within the jurisdiction of
the Town of Westlake, or relocating the same within the
jurisdiction of the Town, shall first file an application with the
Town Secretary, together with the appropriate fee, before the
governing body or official will start the process of reviewing for
approval or denial of a permit. The application will include a
description of the up -link satellite antenna dish, its technical
capabilities and characteristics, a technical evaluation of the
anticipated impact which the planned use will have on existing
down -link satellite antennas in the Town, and a site plan of the
property indicating the location of the dish on the property as
well as site preparation required to accommodate the satellite
dish."
"SECTION 2. APPROVAL BY BOARD OF ALDERMEN
The Board of Aldermen will review the application for approval
or denial of a permit allowing the installation, erection,
enlargement or alteration of an up -link satellite antenna dish
on the property. In reviewing the application, the Board shall
consider the location of the proposed up -link satellite antenna
dish, possible interference with radio, television and down -link
satellite antenna dishes in the Town of Westlake, possible
interference with radio transmissions, and efforts to conceal
the antenna dish from the sight of the public travelling on any
public road, street or highway within the Town of Westlake.
The Board may require as a condition of its approval that
shrubbery, trees or other esthetic improvements be made to
minimize the impact of the satellite antenna dish on the scenic
beauty of the Town. If the application is approved, the Board
will direct that a permit be issued. Approval of the application
shall be conditioned on the applicant agreeing to remove,
relocate, modify or otherwise adjust the antenna should,
during the course of the normal operation, there develop
interference with radio, television and/or down -link satellite
antenna dishes in the Town of Westlake. The permit is valid
so long as the up -link satellite antenna dish approved remains
in use at the location approved."
"SECTION 3. FEE
The amount of the fee to be paid with the application shall be
$150.00 for installation, erection, enlargement or replacement
of the up -link satellite antenna dish and $75.00 for relocation
of said dish plus the Town's normal fees for any accessory
buildings, slabs, drainage improvements, etc. required to be
made for the antenna dish."
"SECTION 4. FEE EXEMPTION
No application fee or plan review fee is required for work
involving buildings or structures, the title of which is directly
vested in the U.S. Government, State of Texas, Counties of
Denton and Tarrant, Texas, Town of Westlake, Texas, or
public school districts."
"SECTION 5. DOUBLE FEES
Where work for which a permit is required is started, or
proceeded with prior to obtaining said permit, the fees herein
specified shall be doubled, but the payment of such fee shall
not relieve any persons from fully complying with the
requirements of the applicable code or ordinance in the
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execution of the work nor from any other penalties prescribed
in such codes or ordinances."
"SECTION 6. EXPIRATION
All applications shall expire at the end of one (1) year from the
date of application if a permit has not been issued."
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That any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the provisions of
this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One
Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
That this Ordinance shall be cumulative of all other ordinances of the Town
of Westlake affecting up -link satellite antenna dishes and fees for installation or
relocation of same and shall not repeal any of the provisions of such ordinances,
except in those instances where provisions of such ordinances are in direct conflict
with the provisions of this ordinance.
PART IV.
It is hereby declared to be the intention of the Town Board of Aldermen that
the sections, paragraphs, sentences, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared void, ineffective or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since the same
would have been enacted by the Town Board of Aldermen without the
incorporation hereof of any such void, ineffective or unconstitutional phrase,
clause, sentence, paragraph or section.
PART V.
That this Ordinance shall become effective and be in full force and effect
from and after its passage and publications, as required by law, and it is so
ordained.
PASSED AND APPROVED this the 1,14-7 day of fi , j , 1987.
Dale White, Mayor
Town of Westlake, Texas
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ATTEST:
9rry White, Town Secretary
Town of Westlake, Texas
APPROVED AS TO LEGAL FORM:
✓!'
Paul C. Isham, Town Attorney
Town of Westlake, Texas
PCI/02
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