[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 9-23-1986 by Ord. No. 778-86. Amendments noted where
applicable.]
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:
The person or persons entitling or who entitles filing the
application. The applicant 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 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, 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.
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.
The diameter of the maximum area covered by the outmost point
of the commercial earth station as circumscribed by its maximum possible
spatial orientations.
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.
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.
A.
Permitted districts. Commercial earth terminals shall
be permitted in the Limited Manufacturing/Wholesale and General Business
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 application and site plan drawn to a scale
designated thereon showing all measurements, materials, detail types,
elevations, locations, distances from structures and from property
boundaries of:
(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; and
(g)
Such other information as is required by Chapter 210, Subdivision and Site Plan Approval. In addition, at least 10 days prior to the date of the application, if the property is within 200 feet (as measured for variance applications) of a residential district or office and professional district, the applicant shall publish a notice in a local newspaper of general circulation and shall furnish a copy of such notice by certified mail to all property owners in the Office Professional and Residential Zones of properties within such 200 feet of the property. Such notice is to be in such form as is approved in advance of publication by the Chairman of the Planning Board. In such case, a list of all owners of Office Professional and Residential Zone property within 200 feet and an area map must be supplied. Such notice is a prerequisite to jurisdiction by the Planning Board.
(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.
(3)
A statement certified by a qualified engineer and
licensed professional 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, which states that the proposed
commercial earth terminal fully complies with all federal, state and
industry standards and requirements and with the design standards
applicable to commercial earth terminals as set forth in this chapter.
If the earth station is not in operation for 14 consecutive days,
the applicant shall cause to be conducted the required engineering
study and file the engineer's statement with the Planning Board, which
statement shall be subject to review by the Planning Board, and the
Planning Board may impose additional requirements as a result of this
review.
(4)
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 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 ("energy cone"), or a statement that no buildings are within 15° of the center line of such beam. The owners of all buildings, in whatever zone they may be located, which are so identified shall be notified, in writing, by personal service or certified mail, return receipt requested, of the proposed installation as part of the requirements for the public hearing on the application in the manner provided under Subsection B(1) above, proof of which shall be filed with the Planning Board and giving of which shall be a jurisdictional prerequisite to the Planning Board of entertaining the application.
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
twice the height of the commercial earth terminal and shall not be
located in a buffer area, and provided that the Planning Board may
require that such location be redesignated due to safety and traffic
requirements;
(2)
A commercial earth terminal shall not violate the rear or side yard setback requirements applicable to the principal building within the particular district as set forth in Chapter 250, Zoning;
(3)
The commercial earth terminal support shall be erected
only on the ground on a secure foundation as approved by the Construction
Code Official;
(4)
The height of a commercial earth terminal shall not
exceed 15 feet;
(5)
The main reflector of a commercial earth terminal
shall not exceed a diameter of four 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 and shall in all respects comply with Chapter 250, Zoning, on accessory structures;
(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 by minors
and by anyone except authorized personnel and may be equipped with
appropriate lighting and an alarm system which shall not be offensive
to surrounding properties in the judgment of the Planning Board;
(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 as shall be approved by the Environmental
Commission, which shall be maintained in good condition under a program
approved by the Environmental Commission, in order to minimize the
noise and eliminate the visibility of the commercial earth terminal
from any adjacent property and public street, all as approved by the
Planning Board;
(10)
Only one earth terminal shall be permitted on the
applicant's property, whether or not it consists of more than one
tax lot. In the event that the applicant's property is in more than
one zone, the location of an earth station in other than Limited Manufacturing/Wholesale
or General Business Districts is absolutely prohibited;
(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 sole user of the commercial
earth terminal for purposes of its business and not for supplying
such services to others;
(12)
The reception or transmission of electrical signals
to or from a commercial earth terminal to or from an offside 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 absolutely prohibited;
and
(13)
The construction and operation of a commercial earth
terminal shall fully comply with all applicable federal, state and
professional industry standards, statutes, regulations, guidelines
and requirements, including without limitation 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 1/10 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. However, at the time
of enactment hereof, the standard shall be as set forth in N.J.A.C.
7:28-42.4, and said standard shall automatically be changed to comply
with all amendments thereto.
D.
Testing requirements.
(1)
An applicant receiving final approval for the construction, placement and operation of a commercial earth terminal which transmits electromagnet 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 of a licensed professional engineer 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 attaching copies of all such studies which may be challenged by the Planning Board, in which case no operations of the commercial earth terminal shall be permitted except for further testing until the Planning Board is satisfied that such standards have been met.
(2)
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 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 for the
energy cone and the top of this fence at points every 5° from
the center line of the beam for the energy cone up to 45°, and
then at points of every 15° up to 90° in either direction
of the full energy cone;
(b)
The property line of the applicant's property at a
point directly beneath the center line of such beam for the full energy
cone;
(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 for the full energy cone, if permitted 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 center line
of such beam for the full energy cone.
(3)
If the direction of the main reflector of such a 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 C(13) of this section and that the commercial earth terminal is in compliance with all applicable federal, state and industry 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 Caldwell, within
10 days of their submission, copies of such periodic government reports
as are required to be filed with federal and state agencies.
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 application and a site plan drawn to a
scale shown thereon showing:
(a)
The location and proposed personal earth terminal,
existing and proposed plantings and fencing or other barriers to provide
protection and screening;
(b)
The height, as defined above, 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; and
(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 Chapter 250, Zoning. The applicant should be defined as the person or persons, entity or entities filing the application. The person filing such application shall be responsible for all facets of compliance with this chapter. If the earth station is not in operation for 14 consecutive days, the applicant shall conduct the mandatory study and file the same as required in § 87-3D.
C.
Design standards. All personal earth terminals shall
fully comply with the following standards:
[Amended 3-28-1989 by Ord. No. 846-89]
(1)
Personal earth terminals may be located in all zoning
districts within the Borough. However, in residential zones, personal
earth terminals may be located only on the ground, whereas in the
Business District, personal earth terminals may be located on the
ground or on rooftops, subject to the restrictions contained herein;
(2)
If located on the ground, a personal earth terminal
shall only be located in a rear yard unless such rear yard is adjacent
to a street on any side line or the rear boundary line, in which case
it shall be located only if a variance is granted, shall not be closer
to any property line than twice the height of the antenna and may
not be located in a buffer area, provided that the Planning Board
may require the location be redesignated to comply with traffic or
safety requirements; and may not be located in a buffer area, provided
that the Planning Board may require the location be redesignated to
comply with traffic or safety requirements;
(3)
If located on the ground, a personal earth terminal shall not violate the yard setback requirements and shall comply with all requirements applicable to accessory structures within the particular district as set forth in Chapter 250, Zoning;
(4)
The height of a personal earth terminal located in
a residential district shall not exceed eight feet; the height of
a personal earth terminal located in a Business District shall not
exceed 13 feet;
(5)
The main reflector of a personal earth terminal located
in a residential district shall not exceed a diameter of seven feet;
the main reflector of a personal earth terminal located in a Business
District shall not exceed a diameter of 12 feet;
(6)
If the earth terminal is located on the ground, all
wiring or connecting cables between the personal earth terminal and
the principal building shall be buried underground;
(7)
All personal earth terminals shall be so located and
shall be effectively screened from view by natural plants, trees,
fencing or other suitable sight barrier as shall be approved by the
Environmental Commission, which shall be maintained in good condition
under a program approved by the Environmental Commission, in order
to minimize the noise and eliminate visibility of the personal earth
terminal from any adjacent property or public street, all as approved
by the Planning Board;
(8)
Only one earth terminal shall be permitted on the
applicant's property, whether or not it consists of more than one
tax lot; and
(9)
A personal earth terminal shall only be used by residents
of the principal building on the applicant's property designated on
the application. Any connection, by cable or otherwise, to adjacent
or other properties shall constitute a violation of yard and setback
requirements and shall result in the immediate cessation of operation
of the personal earth station and, in discretion of the Municipal
Court, its removal.
[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.
