[Ord. #718, § 1]
This Chapter shall be known and may be cited as "The Earth Terminal
Antenna Ordinance of the Borough".
[Ord. #718, § 2]
This Chapter is enacted by the Governing Body to provide rules
and regulations, standards and procedures for the construction, placement
and operation of earth terminal antennas within the Borough, 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.
[Ord. #718, § 3]
As used in this Chapter, the following terms shall have the
meanings set forth herein as follows:
APPLICANT
Shall mean and be defined as the one filing the application.
The person filing such application shall be responsible for all facets
of compliance with the Chapter.
COMMERCIAL EARTH TERMINAL
Shall mean an earth terminal, including all accessory buildings
for housing only such equipment as is necessary for the direct transmission
or reception or electromagnetic energy signals through the earth transmission
of electromagnetic energy from a satellite and employed for commercial
use.
EARTH TERMINAL ANTENNA OR EARTH TERMINAL
Shall mean 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,
and 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.
HEIGHT
Shall mean 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.
MAIN REFLECTOR
Shall mean 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 designed for
the reception and/or transmission of electromagnetic energy.
PERSONAL EARTH TERMINAL
Shall mean an earth terminal intended solely for the reception
of radio and/or television signals from a satellite being employed
for private noncommercial use only.
[Ord. #718, § 4]
Commercial earth terminals shall be permitted in Commercial
Zones only, as an accessory use subject to site plan approval by the
Planning Board in accordance with the provisions of this Chapter.
[Ord. #718, § 4]
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:
a. A site plan showing.
1. The proposed commercial earth terminal, protective fencing, and existing
and proposed plantings or other barriers to provide protection and
screening;
2. The height of the proposed commercial earth terminal and protective
fencing and the diameter of the main reflector;
3. The name and address of the applicant and owner of the property on
which the commercial earth terminal is to be located;
4. The tax lot and block numbers and the property lines of the property
as disclosed on the Borough Tax Map;
5. All existing buildings and structures and all accessory buildings
and structures on the property;
6. 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;
and
7. Such other information as is required by the Site Plan Ordinance
of the Borough of Brielle.
b. 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.
c. 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;
d. A copy of the applicable portion of the Borough Tax Map on which
are identified all buildings within the Borough that are within 15°
in all directions of the centerline 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 centerline of such beam, either
of which buildings which are so identified shall be notified in writing
by personal service of 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; and
e. A statement from the Construction Official of the Borough that the
proposed commercial earth terminal complies with all applicable requirements
of the Zoning Ordinance of the Borough.
[Ord. #718, § 4]
All commercial earth terminals shall fully comply with the following
design standards:
a. 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;
b. A commercial earth terminal shall not violate the rear or side yard
set-back requirements applicable to the principal building within
the particular district as set forth in the Zoning Ordinance;
c. The commercial earth terminal support shall be erected only on the
ground on a secure foundation;
d. The height of a commercial earth terminal shall not exceed 40 feet;
e. The main reflector of a commercial earth terminal shall not exceed
a diameter of 12 meters;
f. All wiring or connecting cables between the commercial earth terminal
and the principal building on the property shall be buried underground;
g. 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;
h. A commercial earth terminal shall be surrounded by a non-climbable
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;
i. 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 street, as approved by the Planning
Board;
j. Only one earth terminal shall be permitted on the applicant's
property;
k. 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.
l. The reception or transmission of electrical signals to or from a
commercial earth terminal to or from an offsite ground location shall
only be through underground or aerial wire, cable or fibre optic facilities.
Terrestrial microwave communication directly between earth terminals
or via passive reflectors, is prohibited; and
m. 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 non-occupational
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 of the applicable safety
levels as set forth in the American National Standard Institute "Safety
Levels with Respect to Human Exposure to Radio Frequency Electromagnetic
Fields, 300 kHz to 100 GHz", ANSI C95.1-1982.
[Ord. #718, § 4A]
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
25-4.3m.
All such measurements shall be made with the commercial earth
terminal operating at the maximum Federal Communication Commission
approved power level or shall be scaled to correspond to the maximum
Federal Communication Commission approved power level. 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 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 centerline of the main beam
of the antenna pattern of the commercial earth terminal and the top
of this fence at points every 5° from the centerline 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 centerline of such beam;
c. The occupied space nearest the centerline of such beam of any building
identified as being within 15° of the centerline of such beam,
if requested by the property owner; and
d. The roof peak or highest accessible point of all buildings on the
applicant's property at a point closest to the centerline of
such beam.
If the direction of the main reflector of such commercial earth terminal is subsequently changed or the Federal Communication Commission approved power level 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
25-4.3m 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.
[Ord. #718, § 4B]
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,
within 10 days of their submission, copies of such periodic government
report as are required to be filed with Federal and State Agencies.
[Ord. #718, § 5-1]
Personal earth terminals shall be permitted in all Residential
Zones as an accessory use subject to site plan approval by the Planning
Board in accordance with the provisions of this Chapter.
[Ord. #718, § 5-2]
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:
a. A site plan showing:
1. The proposed personal earth terminal, existing and proposed plantings
and fencing or other barriers to provide protection and screening;
2. The height of the proposed personal earth terminal and the diameter
of the main reflector;
3. The name and address of the applicant and owner of the property on
which the personal earth terminal is to be located;
4. The tax lot and block numbers and the property lines of the property
as disclosed on the Borough Tax Map;
5. All existing buildings and structures and all accessory buildings
and structures on the property;
6. 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;
and
7. Such other information as is required by the Site Plan Ordinance
of the Borough, unless waived by the Planning Board.
b. A statement certified by the applicant that the proposed personal
dish antenna fully complied 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;
c. 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 Brielle. The applicant should
be defined as the one filing the application. The person filing such
application shall be responsible for all facts of compliance with
the Chapter. If the earth station is not in operation for 14 consecutive
days the applicant shall conduct the mandatory requirements and file
the statement.
[Ord. #718, § 5-3]
All personal earth terminals shall fully comply with the following
standards:
a. 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;
b. The personal earth terminal shall not violate the yard set-back requirements
applicable to accessory structures within the particular district
as set forth in the Zoning Ordinance.
c. A personal earth terminal shall be erected only on the ground in
a secure fashion;
d. The height of a personal earth terminal shall not exceed eight feet;
e. The main reflector of a personal earth terminal shall not exceed
a diameter of seven feet;
f. All wiring or connecting cables between the personal earth terminal
and the principal building shall be buried underground;
g. 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;
h. Only one earth terminal shall be permitted on the applicant's
property; and
i. 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 set-back requirements.
[Ord. #718, § 6]
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.
[Ord. #718, § 7]
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.
[Ord. #718, § 8]
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 Chapter of the Borough.
[Ord. #718, § 9]
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.
[Ord. #718, § 10]
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.
[Ord. #718, § 11]
The Construction Official of the Borough 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.