[Added 4-8-2003 by Ord. No. 03-01]
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.
EQUIPMENT SHELTER OR CABINET
A structure containing equipment designed to be used 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.
A. 
Towers and monopoles shall be landscaped with evergreen trees capable of reaching 60 feet in height. The minimum planting size shall be determined by the municipal agency performing site plan review (hereinafter "Board") but shall be at least 12 feet in height at the time of planting. Other shrubbery or vegetative materials shall be determined by the Board based on the site location.
B. 
Towers and monopoles shall be fully enclosed in protective fencing consisting of eight-foot-high one-inch vinyl-clad chain-link nonclimbable mesh, which shall be fully screened by the required landscaping.
C. 
Rooftop antennas shall be designated in a manner that they create the least visual impact on the surrounding areas. No signage shall be permitted that is visible from the public right-of-way.
D. 
At-grade equipment shelters shall be subject to site plan approval by the Board and subject to appropriate landscape requirements based on the size and location of the equipment shelter. If located in visual proximity to a residential neighborhood, the entire shelter shall be screened. Facade review shall also be required. At-grade equipment shelters or cabinets shall use materials, textures and colors that, together with the required screening and landscaping, will cause them to blend into the surroundings.
E. 
Rooftop equipment shelters shall be subject to site plan approval by the Board and subject to appropriate screening requirements based on the size and location of the equipment shelter. Facade review shall be required. Rooftop equipment shelters shall use materials, textures and colors and sight lines that will cause them to blend into the surroundings.
F. 
Lighting shall be limited to that specifically required by the Federal Aviation Administration or otherwise required for public safety and shall be focused and shielded to the greatest extent possible so as not to create spillover to the public right-of-way or adjoining or nearby properties.
G. 
No signage shall be permitted other than that required for public safety.
A. 
Any telecommunications facility not used for its intended and approved purpose for a period of one year shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
B. 
In addition to the regular application fee, the applicant (or landowner in the instance of leased property) shall provide a performance bond that will cause the antennas, any supporting antenna structure, associated equipment cabinets, any building enclosing associated equipment cabinets, and all other related improvements to the land to be removed, at no cost to the City, when the antennas are no longer operative. The amount of the performance bond shall not be less than 120% of the cost (as determined by the City Engineer at the time of application) of such demolition, removal, and restoration of the site to a state required under all applicable City ordinances, including, but not limited to, Chapter 317, Property Maintenance.