This chapter is enacted by the Mayor and Council
of the Borough of Caldwell to provide rules and regulations, standards
and procedures for the construction, placement and operation of earth
terminal antennae within the Borough of Caldwell, 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 antennae
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:
APPLICANT
The person or persons entitling or who entitles filing the
application. The applicant shall be responsible for all facets of
compliance with this chapter.
COMMERCIAL EARTH TERMINAL
An earth terminal, including all accessory buildings for
housing only such equipment as is necessary for the direct transmission
or reception or reception of electromagnetic energy signals through
the earth transmission of electromagnetic energy from a satellite
and employed for commercial use.
EARTH TERMINAL ANTENNA; EARTH TERMINAL
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 antennae.
HEIGHT
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, after mounting and installation
and including mounting and installation, when extended to its fullest
height. In the case of a folded or not fully deployed earth terminal,
height is measured in accordance with the foregoing sentence as if
it were unfolded or fully deployed.
LOT COVERAGE
The diameter of the maximum area covered by the outmost point
of the commercial earth station as circumscribed by its maximum possible
spatial orientations.
MAIN REFLECTOR
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
An earth terminal intended solely for the private, noncommercial
reception of radio and/or television signals from a satellite for
the sole, not-for-profit use of the natural persons occupying the
applicant's property.
[Amended 10-11-1988 by Ord. No. 825-88; 7-13-1999 by Ord. No. 1073-99]
In addition to any fees required of the applicant for site plan review, the applicant shall pay an application fee in the amount set forth in Chapter
A270, Fees, for either a personal earth station or a commercial earth station and an escrow deposit with the Borough Clerk in the amount set forth in Chapter
A270, Fees, to cover the cost of review services provided by the Construction Official, Borough Engineer, Borough Attorney, Planning Board Attorney or other personnel. Any unused portion of the deposit based upon hourly rates expended for such personnel shall be returned to the applicant. If the cost of review services exceeds that amount of such escrow deposit, sufficient additional funds shall be deposited before any building permit shall be issued.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be punishable by
a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
a combination thereof. Each day that a violation occurs or is committed
shall constitute a separate offense.