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Englewood Cliffs City Zoning Code

§ 30-21.3

General Requirements.

[Ord. #9909, § 4]
a. 
Wireless communication towers shall be considered a principal use on the subject property if there are no other principal uses on the site.
Wireless communication towers shall be considered an accessory use on the subject property where the tower is accessory, in any way, if it is used with any municipal use on the site.
b. 
Lot Size. For purposes of determining whether the installation of a wireless communication tower 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 tower may be located on leased parcels within such lot.
c. 
Inventory of Existing Sites. Each applicant for a wireless 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 proposed site within the State of New Jersey, 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 ordinance 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. Prior to the issuance of a building permit for the construction of a wireless communication tower or for the installation of an antenna by collocators on said tower, the applicant for such permit shall file in the office of the Construction Code Official, with a copy to be filed with the Borough Engineer, a written report confirming that the structural integrity of the tower meets the applicable safety standards of the latest Building Official's and Code Administrator's International, Incorporated (BOCA) design specifications as well as those of the Telecommunications Industry Association/Electronic Industry's Association (TIA/EIA).
i. 
Any wireless communications tower which has not been used for mobile communications purposes for a continuous 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 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.
If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.
j. 
Cable Microcell Networks. If a cable microcell network is proposed, all cables, wires, and equipment shall be located so that they do not interfere with the municipal fire alarm equipment and cable system. Applications for cable microcell network systems must be reviewed and approved by the Fire Department and Construction Department of the Borough of Englewood Cliffs as prior approvals before issuance of required construction permits.