[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-14-1984 as Ord. No. 84-7.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Earth Terminal
Antenna Ordinance of the Borough of New Providence."
This chapter is enacted by the Mayor and Council of the Borough of New
Providence to provide rules and regulations, standards and procedures for
the construction, placement and operation of earth terminal antennas within
the Borough of New Providence, the regulation of which is necessary and essential
to promote the public health, safety and welfare of the community; to promote
a desirable visual environment and good civic design and arrangements; to
secure safety to the public from technological man-made electronic devices;
to ensure the orderly installation of such equipment; and to provide sufficient
space in appropriate locations for such residential and commercial use of
antennas according to recognized environmental safety requirements to meet
the needs of all New Jersey citizens.
As used in this chapter, the following terms shall have the meanings
set forth herein as follows:
The one filing the application. The person filing such application
shall be responsible for all facets of compliance with this chapter.
An earth terminal, including all accessory buildings for housing
only such equipment as is necessary for the direct transmission or reception
of electromagnetic energy signals through the earth transmission of electromagnetic
energy from a satellite and employed for commercial use.
Any apparatus or device, commonly known as an "earth terminal antenna,"
"earth terminal," "earth station," "satellite communications antenna," "satellite
antenna," "microwave dish antenna" or "dish antenna," including as part of
such apparatus or device the main reflector, subreflector, feed, amplifier
and support structure, which is designed for the purpose of transmitting and/or
receiving microwave, television, radio, satellite or other electromagnetic
energy signals into or from space, but does not include conventional television,
radio and amateur radio antennas.
The vertical distance measured from the ground level of the area
on which the earth terminal is located and up to and including the highest
point of the earth terminal when extended to its fullest height.
That part of an earth terminal, commonly known as a "dish," which,
absent any protective covering, is dish-shaped, parabolic, spherical or conical
in configuration and is designed for the reception and/or transmission of
electromagnetic energy.
An earth terminal intended solely for the reception of radio and/or
television signals from a satellite being employed for private noncommercial
use only.
A.
Permitted districts. Commercial earth terminals shall
be permitted in the Light Industry and Research Laboratory Districts only,
as an accessory use subject to site plan approval by the Planning Board in
accordance with the provisions of this chapter.
B.
Application. Any person, firm or corporation desiring
to construct and operate a commercial earth terminal shall, prior to such
construction and operation, submit an application to the Planning board which
shall consist of the following:
(1)
A site plan showing:
(a)
The proposed commercial earth terminal, protective fencing
and existing and proposed plantings or other barriers to provide protection
and screening.
(b)
the height of the proposed commercial earth terminal
and protective fencing and the diameter of the main reflector.
(c)
The name and address of the applicant and owner of the
property on which the commercial earth terminal is to be located.
(d)
The tax lot and block numbers and the property lines
of the property as disclosed on the Borough Tax Map.
(e)
All existing buildings and structures and all accessory
buildings and structures on the property.
(f)
The tax lot and block numbers and the property lines
of all properties as disclosed on the Borough Tax Map within 200 feet from
the property.
(2)
A statement certified by the applicant which sets forth
the range of azimuth and elevation angles within which the proposed commercial
earth terminal may be operated and the maintenance program which will be observed
by the applicant with respect to the proposed commercial earth terminal and
which states that the proposed commercial earth terminal fully complies with
all applicable federal and state statutes, regulations and requirements and
has attached thereto copies of any license or approval for the construction,
placement or operation of the proposed commercial earth terminal required
by any federal or state agency having jurisdiction. If the earth station is
not in operation for 14 consecutive days, the applicant shall conduct the
mandatory requirements and file the statement.
(3)
A statement certified by a qualified engineer which sets
forth the maximum anticipated effective radiated power and the antenna pattern
of the proposed commercial earth terminal, which contains a structural engineering
analysis of the proposed commercial earth terminal, and which states that
the proposed commercial earth terminal fully complies with the design standards
applicable to commercial earth terminals as set forth in this chapter.
(4)
A copy of the applicable portion of the Borough Tax Map,
on which is identified all buildings within the borough that are within 15°
in all directions of the center line of the main beam of the antenna pattern
of any proposed commercial earth terminal intended for the transmission of
electromagnetic energy for all spatial orientations in which the earth terminal
may be operated, or a statement that no buildings are within 15° of the
center line of such beam. Either of which buildings which are so identified
shall be notified in writing by personal service or certified mail of the
proposed installation as part of the requirements for the public hearing on
the application, proof of which shall be filed with the Planning Board.
C.
Design standards. All commercial earth terminals shall
fully comply with the following design standards:
(1)
A commercial earth terminal shall only be located in
a rear or side yard, shall not be closer to any property line than the height
of the commercial earth terminal and shall not be located in a buffer area.
(3)
The commercial earth terminal support shall be erected
only on the ground on a secure foundation.
(4)
The height of a commercial earth terminal shall not exceed
40 feet.
(5)
The main reflector of a commercial earth terminal shall
exceed a diameter of 12 meters.
(6)
All wiring or connecting cables between the commercial
earth terminal and the principal building on the property shall be buried
underground.
(7)
Any accessory building of the commercial earth terminal
used for housing equipment necessary for the operation of the commercial earth
terminal shall not be greater than one story, shall not exceed a building
height of 12 feet and shall not exceed 150 square feet in area.
(8)
A commercial earth terminal shall be surrounded by a
nonclimbable fence or other suitable barrier of a minimum height of six feet
designed to prevent access to the earth terminal and may be equipped with
appropriate lighting and an alarm system which shall not be offensive to surrounding
properties.
(9)
A commercial earth terminal shall be so located and 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 commercial earth terminal from any adjacent
property and public streets, as approved by the Planning Board.
(10)
Only one earth terminal shall be permitted on the applicant's
property.
(11)
A commercial earth terminal shall be accessory to the
principal building and incidental to the use of the principal building, and
the applicant shall be the principal user of the commercial earth terminal.
(12)
The reception or transmission of electrical signals to
or from a commercial earth terminal to or from an off-site ground location
shall only be through underground or aerial wire, cable or fiber-optic facilities.
Terrestrial microwave communication directly between earth terminals or via
passive reflectors is prohibited.
(13)
The construction and operation of a commercial earth
terminal shall fully comply with all applicable federal and state statutes,
regulations and requirements, including those pertaining to safety levels
of radio-frequency electromagnetic fields with respect to human exposure.
In the absence of federal or state regulation pertaining to safety levels
of radio-frequency electromagnetic fields with respect to nonoccupational
human exposure, the levels of electromagnetic energy emitted by the commercial
earth terminal as measured at the top of the protective fence surrounding
the earth terminal and at any point accessible to the public shall be no more
than one-tenth (1/10) of the applicable safety levels as set forth in the
American National Standard Institute's Safety Levels with Respect to
Human Exposure to Radio-Frequency Electromagnetic Fields, 300 kHz to 100 GHz,
ANSI C95.1-1982.
D.
Testing requirements.
(1)
An applicant receiving final approval for the construction,
placement and operation of a commercial earth terminal which transmits electromagnetic
energy shall not operate it, except for testing purposes, until the applicant
conducts actual field measurements of the levels of electromagnetic energy
emitted by the commercial earth terminal at the points specified below and
files a statement with the Planning Board and Construction Official of the
borough certifying that the measured levels do not exceed the safety levels
specified in Subsection C(13) of this section.
(2)
All such measurements shall be made with the commercial
earth terminal operating at the maximum power level approved by the Federal
Communications Commission or shall be scaled to correspond to the maximum
power level approved by the Federal Communications Commission. These measurements
shall be made with a measuring device having a sensitivity adequate to measure
levels of electromagnetic energy at the frequency of operation equal to one-hundredth
(1/100) of the applicable safety levels set forth in ANSI C95.1-1982 and shall
be taken in at least the following locations:
(a)
The top of the protective fence surrounding the commercial
earth terminal at a point directly under the center line of the main beam
of the antenna pattern of the commercial earth terminal and the top of this
fence at points every five degrees from the center line of the beam up to
45° and then at points every 15° up to 90°, in either direction.
(b)
The property line of the applicant's property at
a point directly beneath the center line of such beam.
(c)
The occupied space nearest the center line of such beam
of any building identified as being within 15° of the center line of such
beam, if requested by the property owner.
(d)
The roof peak or highest accessible point of all buildings
on the applicant's property at a point closest to the center line of
such beam.
(3)
If the direction of the main reflector of such a commercial
earth terminal is subsequently changed or the power level approved by the
Federal Communications Commission is increased, the applicant shall again
conduct such actual field measurements and file a statement with the Planning
Board and Construction Official of the borough certifying that the measured
levels do not exceed the safety levels specified in Subsection C(13) of this
section and that the commercial earth terminal is in compliance with all applicable
federal and state statutes, regulations and requirements, within 14 days of
such change of direction or increase in approved power level.
E.
Report filing requirements. In addition, an applicant
receiving final approval for the installation and maintenance of an earth
terminal shall thereafter, on a continuing and timely basis, file with the
Construction Official of the Borough of New Providence, within 10 days of
their submission, copies of such periodic government report as are required
to be filed with federal and state agencies.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment
in the county jail for a term not exceeding 30 days, or both, for each offense.
Each day that a violation occurs or is committed shall constitute a separate
offense.
A.
Permitted districts. Personal earth terminals shall be
permitted in all districts as an accessory use subject to site plan approval
by the Planning Board in accordance with the provisions of this chapter.
B.
Application. Any person desiring to construct and operate
a personal earth terminal shall, prior to such construction and operation,
submit an application to the Planning Board, which shall consist of the following:
(1)
A site plan showing:
(a)
The proposed personal earth terminal, existing and proposed
plantings and fencing or other barriers to provide protection and screening.
(b)
The height of the proposed personal earth terminal and
the diameter of the main reflector.
(c)
The name and address of the applicant and owner of the
property on which the personal earth terminal is to be located.
(d)
The tax lot and block numbers and the property lines
of the property as disclosed on the Borough Tax Map.
(e)
All existing buildings and structures and all accessory
buildings and structures on the property.
(f)
The tax lot and block numbers and the property
lines of all properties as disclosed on the Borough Tax Map within 200 feet
from the property.
(2)
A statement certified by the applicant that the proposed
personal dish antenna fully complies with the design standards applicable
to personal earth terminals as set forth in this chapter, that the proposed
personal earth terminal fully complies with all applicable federal and state
statutes, regulations and requirements and which has attached thereto copies
of any license or approval for the construction, placement or operation of
the proposed personal earth terminal required by any federal or state agency
having jurisdiction.
(3)
A statement by the Construction Official of the borough
that the proposed personal earth terminal complies with all applicable requirements
of the Zoning Ordinance of the Borough of New Providence.[2] The "applicant" shall be defined as the one filing the application.
The person filing such application shall be responsible for all facets of
compliance with said ordinance. If the earth station is not in operation for
14 consecutive days, the applicant shall conduct the mandatory requirements
and file the statement.
C.
Design standards. All personal earth terminals shall
fully comply with the following standards:
(1)
A personal earth terminal shall only be located in a
rear yard, shall not be closer to any property line than the height of the
antenna and may not be located in a buffer area.
(3)
A personal earth terminal shall be erected only on the
ground in a secure fashion.
(4)
The height of a personal earth terminal shall not exceed
eight feet.
(5)
The main reflector of a personal earth terminal shall
not exceed a diameter of seven feet.
(6)
All wiring or connecting cables between the personal
earth terminal and the principal building shall be buried underground.
(7)
A personal earth terminal shall be so located and 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, as approved by the Planning Board.
(8)
Only one earth terminal shall be permitted on the applicant's
property.
(9)
A personal earth terminal shall only be used by residents
of the principal building on the applicant's property. Any connection,
by cable or otherwise, to adjacent properties shall constitute a violation
of yard and setback requirements.
D.
Fees. In addition to any fees required of the applicant
for site plan review, the applicant shall deposit the sum of $100 with the
Borough Clerk to cover the cost of review services provided by the Construction
Official, Borough Engineer, Borough Attorney, Planning Board Attorney or other
borough personnel. Any unused portion of the deposit shall be returned to
the applicant. If the cost of review services exceeds the amount of deposit,
sufficient additional funds shall be deposited before any building permit
shall be issued.
The Planning Board shall grant final approval on applications for the
construction and operation of commercial or personal earth terminals upon
a finding that the proposed installation fully conforms to all requirements
set forth in this chapter as well as other applicable provisions of the Zoning
Ordinance of the Borough of New Providence.[1]
An applicant receiving final approval for the construction, placement
and operation of an earth terminal shall not subsequently modify or alter
the structure of the earth terminal, except to change the direction of its
main reflector, without the approval of the Planning Board pursuant to an
application as set forth in this chapter.
[Amended 5-13-1996 by Ord. No. 96-3]
A.
The provisions of this chapter shall not apply to earth
terminals having main reflectors not exceeding seven feet in diameter which
are solely used for public law enforcement and/or public safety purposes.
B.
The provisions of this chapter shall also not apply to
personal earth terminals having a main reflector of 18 inches or less in diameter;
provided, however, that such personal earth terminals shall not be located
on the front yard of any property or on the front of any house or structure.
The Construction Official of the Borough of New Providence is hereby
designated as the public officer charged with the enforcement of the terms
of this chapter. All complaints for alleged violation of any of the terms
of this chapter shall be submitted in writing to the Construction Official.
