Purpose. The governing body of North Caldwell finds that the uncontrolled construction of satellite earth station antennas and other fixed external antennas in the Borough would be inimical to the health, safety and general welfare of the citizens of North Caldwell. It is the purpose of this chapter to establish standards for the construction and erection of satellite earth station antennas within North Caldwell in order to protect against injury to persons who may be attracted to such satellite earth station antennas, particularly children, and to prevent the depreciation of land values that could result from the indiscriminate placement of satellite earth station and other types of fixed external antennas. This chapter acknowledges the interest of the Federal Communications Commission in promoting amateur radio operations as expressed in FCC Order PRB-1 by imposing the minimum practicable regulation on amateur radio antennas necessary to accomplish the Borough's legitimate zoning purposes.

No satellite earth station antenna exceeding 18 inches in diameter, including its mount, and no amateur radio or fixed external television antenna (hereinafter collectively referred to as "fixed external antennas") shall be built, erected or modified until a building permit is issued by the Construction Official. Any person, which shall include corporations, partnerships, associations or any other legal entity, applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he may reasonably require as to the antenna to be constructed, erected or modified. It is the express intent of this section not to apply to satellite antennas of 18 inches in diameter or less, which antennas may be roof-mounted without application to the Construction Official and which are exempt from the regulations of this section.

Fixed external antennas shall not be built upon any lot on which there is no principal building or structure, shall be located only in the rear yard, shall not exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height, and shall be located at least 15 feet from any side or rear lot line. Antenna structures operated by holders of a Federal Communications Commission amateur radio license may exceed the aforesaid height limitations; provided, however, that the amateur radio antenna shall not exceed the height of 70 feet, and any person applying for a permit to build an amateur radio antenna in excess of 14 feet shall furnish to the Construction Official, in addition to such other information as may be required by Subsection B, a plot plan showing the proposed location of the antenna and the location of all structures on the applicant's property and neighboring properties within a radius equal to the proposed height of the antenna.

All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification of or successor to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance to the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Construction Official shall be submitted to the Construction Official as a condition of the issuance of the building permit required by this section.

Every satellite earth station antenna shall be enclosed with a wooden or wire-mesh fence having a height of four feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property in accordance with § 107-32 governing fences, but the screening requirements set forth in this section shall remain in effect even if the fence constructed is at or near the perimeter of the property rather than in closer proximity to and surrounding the satellite earth station antenna and mount.

All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of the adjacent properties. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least four feet in height, as is approved by the Construction Official or may consist of approved plantings of at least four feet in height of such kind, proximity and density of growth as shall effectively screen the antenna and mount in all seasons of the year. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted in connection with the satellite earth station antenna is subject to revocation by the Construction Official. All screening shall conform to all other Borough ordinances, including § 107-32.