For the purposes of this article, the following terms shall
have the meanings indicated below:
ANTENNA
A device used for communication by which electromagnetic
waves, digital signals, analog signals, radio frequencies, wireless
telecommunications signals or other communications signals are radiated
or received, excluding television reception or satellite receiving
dishes.
ANTENNA STRUCTURE
A structure used to mount antennas as part of a telecommunications
facility.
MONOPOLE
An antenna structure consisting of a single pole.
ROOFLINE
On a flat roof, the level of the roof deck, and on a pitched
roof, the average elevation between the eave and peak.
TELECOMMUNICATIONS FACILITIES
All structures, including antennas, monopoles, towers, equipment
shelters or cabinets and equipment, used for the transmission and
reception of wave frequencies for the purpose of any wireless communications.
TOWER
An antenna structure consisting of a lattice structure or
frame.
The purpose of this article is to provide zoning conditions
and standards for the regulation of the location, placement, construction
or modification of telecommunications facilities within the City of
Englewood so as to:
A. Not unreasonably discriminate among providers of functionally equivalent
services.
B. Not prohibit or have the effect of prohibiting the provision of personal
wireless services within the City of Englewood.
C. Safeguard the public good.
D. Preserve the intent and purpose of the Englewood Master Plan and Part
4, Zoning, of this chapter.
E. Provide adequate protection of the visual environment of residential
and commercial areas within the City of Englewood.
F. Further the purposes of the Municipal Land Use Act (N.J.S.A. 40:55D-1
et seq.) and comply with the Federal Telecommunications Act.
G. Encourage the location or co-location of antennas on existing buildings
whenever reasonably possible or, if not reasonably possible, co-location
of antennas upon antenna structures, discourage the construction of
new antenna structures which do not have the likelihood of being used
by a number of wireless telecommunications carriers and minimize the
total number of wireless telecommunications facilities within the
City of Englewood.
The provisions of this article shall govern the construction,
installation or modification of all telecommunications facilities,
including antennas, monopoles, towers and equipment shelters or cabinets,
whether affixed to a building or to the ground, except for:
A. Antennas that project less than five feet above the roofline of new
or existing buildings;
B. Equipment shelters or cabinets that do not exceed 50 square feet
in area and six feet in height either above grade or above the roofline
of new or existing buildings;
C. Stations licensed by the Federal Communications Commission in the
amateur radio service, citizens band radio service, public safety
radio service or land-mobile radio service, but only to the extent
such service is exempted from the provisions hereof pursuant to applicable
federal law; or
D. Parabolic satellite receiving antennas and radio and television reception
antennas.
Telecommunications facilities are permitted as conditional uses
within the following zoning districts and in accordance with the following
conditions, restrictions and limitations:
A. Towers and monopoles are prohibited from all zoning districts except
the LI Zoning District.
B. Antennas affixed to buildings are permitted in all zoning districts,
except for the Open Space (OS) Zoning District, provided that the
building to which they are affixed exceeds four stories or 45 feet
in height.
C. Height limitations.
(1)
At-grade antenna structures (e.g., monopoles and towers) may
not exceed a height of 110 feet from grade.
(2)
Antennas affixed to buildings shall not exceed a height of 10
feet above the roofline.
(3)
Equipment shelters or cabinets shall not exceed a height of
eight feet from grade or the roofline.
D. Setbacks.
(1)
At-grade antenna structures shall be set back from residential
zoning districts a distance not less than the height of the antenna
structure.
(2)
All antenna structures shall meet the yard setback requirements
for the zoning district in which they are located and shall not encroach
within any required planting or landscaped area.
E. Separation. The minimum distance between at-grade antenna structures
shall be 500 feet.
F. As a further condition for a telecommunications facility, the applicant
shall have the burden to affirmatively demonstrate that:
(1)
The area to be served by the telecommunications facility does
not currently have industry-wide adequate wireless telecommunications
service pursuant to the Federal Telecommunications Act and that the
proposed location of the antennas, any antenna structures, or equipment
shelters or cabinets, is necessary to remedy such deficiency and has
been planned to result in the fewest number of antenna structures
within the City of Englewood and the least possible detrimental impact
upon the residential and commercial areas within the City of Englewood.
(2)
The applicant is licensed by the Federal Communications Commission
to operate a telecommunications facility.
(3)
The telecommunications facility is in compliance with all applicable
radio frequency (RF) emission standards.
G. Parking. At least one off-street parking space shall be provided
to provide maintenance at the site, unless the reviewing agency determines
that sufficient parking exists on the site of the telecommunications
facility to meet this need.
All construction, installation or modification of telecommunications facilities requires site plan approval. In addition to the requirements and criteria set forth in Article
VI, Site Plan Review, telecommunications facilities shall comply with the design criteria set forth herein. Moreover, any application for site plan approval shall indicate the following:
A. The mapped location and written description of all existing antenna
structures within one mile of the subject site.
B. The mapped location and written description of all existing buildings
in excess of four stories or 45 feet in height within one mile of
the subject site.
C. How the proposed location of the proposed antenna(s) specifically
relates to the suitability or unsuitability of such existing antenna
structures or buildings to be utilized to provide the intended wireless
communications.
D. How the proposed location of the proposed antenna(s) specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the City of Englewood by the applicant
and by other providers of wireless communications services within
the City of Englewood.
E. How the proposed location of the proposed antenna(s) specifically
relates to the overall objective to encourage the location or co-location
of antennas on existing buildings whenever reasonably possible or,
if not reasonably possible, co-location of antennas upon antenna structures,
discourage the construction of new antenna structures which do not
have the likelihood of being used by a number of wireless telecommunications
carriers and minimize the total number of wireless telecommunications
facilities within the City of Englewood.
F. How the proposed location of the proposed antenna(s) specifically
relates to the objective to provide adequate protection of the visual
environment of residential and commercial areas within the City of
Englewood.