Englewood Cliffs City Zoning Code
§ 30-20.2
General Requirements.
[Ord. #9715, § 4]
a.
Mobile cellular communications towers shall be considered a principal use on the subject property. Mobile cellular communications antennas shall be considered an accessory use on the subject property unless the principal use that the satellite antenna serves is not located on the subject property.
b.
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback and other bulk requirements, the dimensions of the entire lot shall control, even though the antenna or tower may be located on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for a mobile cellular communication tower shall provide an inventory of its existing towers, or sites approved for towers that are either within the jurisdiction of the Borough of Englewood Cliffs or within three miles of the border thereof, including specific information about the location, height, and design of each tower. Such information may be shared with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate towers within the jurisdiction of the Borough of Englewood Cliffs, provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers. If such standards and regulations are changed, then the owners of the towers governed by this ordinance shall bring such towers into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the owner's expense.
e.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
f.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Englewood Cliffs have been obtained and shall file a copy of all required franchises with the Borough of Englewood Cliffs.
g.
Signs. No signs shall be allowed on an antenna or tower.
h.
Structural Integrity.
1.
On or before the 1st of January next following the issuance of a conditional use permit for a mobile cellular communications tower, and on or before each and every January 1st next ensuing, the owner or operator of such tower shall file in the office of the Construction Code Official, with a copy to be filed with the Borough Engineer, a written report from a licensed professional engineer certifying to the structural integrity of the tower and that all antennas mounted thereon are secure and that they meet applicable minimum safety requirements.
2.
The written report required in paragraph h1 hereinabove shall also be filed within 20 days of the date that there is any modification or repair of an existing tower or that there is any notification of the placement of antennas on the tower.
3.
If such owner or operator shall fail to file the written report when due as required hereunder, the conditional use permit issued for the tower shall automatically be revoked and the construction code office shall notify the owner or operator, in writing of such revocation. Any continued use of the tower following notice of revocation shall constitute a separate violation.
4.
Any mobile cellular communications tower which has not been used for mobile communications purposes for a period of one year shall be considered abandoned, upon which the Construction Code Official shall, in writing, notify the owner or operator of such abandonment. Upon receipt of such notice of abandonment, the owner shall, within 30 days of such notification, at its sole cost and expense, remove the tower and any other structures on the site and restore the site to the condition it was in before the conditional use permit was issued. If the owner or operator shall fail to remove the tower and restore the site as herein required, such failure shall constitute a violation of this section. For each date beyond the thirty-day removal and restoration period that said owner or operator has failed to remove the tower and restore the site, same shall constitute a separate violation.