Prior to the erection of any new utility pole,
post, tower, wire, conduit, pedestal, cabinet or other facility ("facility")
by any electric light, heat, power, telephone or other utility company,
however denominated, that provides a similar public service under
governmental regulation ("utility") within the Borough of Kinnelon
("Borough"), said utility shall be required to submit to the Superintendent
of the Department of Public Works of the Borough ("Superintendent")
and the Kinnelon Police Department a map or plan showing the location
and the size of the facility.
All facilities hereafter to be sited by any
utility shall be placed no closer than 18 inches to the curb face
or shoulder edge of the public street or way to which said facility
is adjacent, pursuant to the standards promulgated by the American
Association of State Highway and Transportation Officials. Whenever
practicable, however, the utility shall place the facility a greater
distance from the street or way to which said facility is adjacent
than the minimum standard of 18 inches.
The map or plan submitted by the utility shall
include or be accompanied by a brief written statement prepared by
or on behalf of the utility, which explains the basis on which the
utility has determined that the site in question is suitable for the
facility with regard to applicable safety concerns. Said statement
shall include, without limitation, the following information:
A. An affirmation that the placement of the proposed
facility conforms to the standards promulgated by the American Association
of State Highway and Transportation Officials.
B. An affirmation that the placement of the proposed
facility has taken into account any safety concerns presented as a
result of the configuration, nature and characteristics of the roadway
(i.e., bends or curves, etc.) and the topographic features of the
site. Said affirmation shall set forth the factors considered.
C. An affirmation that any record of previous accidents
at the location in question has been considered and that the site
is nonetheless appropriate for facility placement. Said affirmation
should include language indicating the manner in which accident information
was obtained.
D. An affirmation that there exists no suitable, less
dangerous alternate site for the facility in question.
In the event that the information provided by
the utility to the Borough is insufficient to enable the Borough to
adequately assess the propriety of the placement of the facility in
light of the applicable safety concerns, the utility shall submit
such other and further information as is requested by or on behalf
of the Borough, and the time period within which the Borough is to
act on the application shall commence upon the Borough's receipt of
said additional information.
No utility pole, post, tower, wire, conduit, pedestal, cabinet or other facility shall be erected, constructed, replaced or reconstructed by any utility without the express approval by the Borough of the placement and design of the facility after consideration of the applicable safety concerns, which consideration shall include but shall not be limited to those factors set forth in §§
189-2 and
85-3A through
D above.
In the case of a proposed new facility, after
submission by the utility of the documentation required by the Superintendent
or Kinnelon Police Department, the Borough shall inform the utility
in writing of the approval or denial of siting authorization within
10 business days in the case of a new facility.
With regard to a proposed replacement facility, the utility proposes to site the point or place previously occupied by such facilities, the Superintendent of the Department of Public Works shall be notified of the proposed replacement by telephone 24 hours prior to such action. While the Borough will not prohibit the replacement of the facility in question, the utility is hereby placed on notice that all replacement facilities are subject to the conditions set forth in §
189-3 of this article. Thus, the utility shall comply with the guidelines contained therein and consider all necessary factors and shall demonstrate such compliance and adequate consideration by submitting the documentation required by §§
189-1 and
85-3A through
D after the replacement of the facility in question, which records will be retained by the Borough to affirm the suitability of the placement.
Siting authorization shall not be unreasonably
denied by the Borough. In the event that siting authorization is denied
by the Borough, the written denial shall include the reason(s) therefor.
After receipt of any such written denial, the utility may select an
alternative site and repeat the process of seeking authorization therefor
as is set forth in this article.
A copy of this article shall be provided to
all utilities having facilities located in the Borough. The failure
of the Borough to provide such notice to any utility shall not exempt
the utility from complying with the requirements of this article.
[Added 6-16-2022 by Ord. No. 06-22]
As used in this article, the following terms shall have the
meanings indicated:
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a rights-of-way
permit, including, but not limited to, all professional fees such
as engineering and attorney costs incurred by the Borough.
CABINET
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal rights-of-way.
ELECTRIC DISTRIBUTION SYSTEM
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
EXISTING POLE
A pole that is in lawful existence within the municipal rights-of-way.
GROUND-LEVEL CABINETS
A cabinet that is not attached to an existing pole and is
touching or directly supported by the ground.
MUNICIPAL RIGHT-OF-WAY or MUNICIPAL RIGHTS-OF-WAY
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, or drive held by the Borough as an easement or in fee simple
ownership. This term also includes rights-of-way held by the County
of Morris where the Borough's approval is required for the use
of same pursuant to N.J.S.A. 27:16-6. This term shall not include
private roadways.
POLE
A long, slender, rounded piece of wood, concrete or metal.
POLE-MOUNTED ANTENNA
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
PROPOSED POLE
A pole that is proposed to be placed in the municipal rights-of-way.
RIGHTS-OF-WAY AGREEMENT
An agreement that sets forth the terms and conditions for
use of the municipal rights-of-way and includes, but is not limited
to, municipal franchise agreements.
RIGHTS-OF-WAY PERMIT
An approval from the Borough setting forth the applicant's
compliance with the requirements of this article.
SURROUNDING STREETSCAPE
Existing poles within the same rights-of-way which are located
within 500 linear feet of the proposed pole.
ZONE, NONRESIDENTIAL
The Commercial Zone, Restricted Commercial Zone, Limited Industrial Zone and Restricted Recreation Zone as designated in Chapter
207, Zoning, of the Code of the Borough of Kinnelon.
ZONE, RESIDENTIAL
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
Notwithstanding any franchise or rights-of-way agreement to
the contrary, all antennas, poles and cabinets proposed to be placed
within the municipal rights-of-way by a utility regulated by the Board
of Public Utilities, or any other entity with legal access to the
municipal rights-of-way, shall be subject to the standards and procedures
set forth in this article and shall require rights-of-way permits
for the siting of poles, antennas and cabinets in the municipal rights-of-way.
The Borough Council may, by resolution, waive any siting standard set forth in §
189-13 where the applicant demonstrates that strict enforcement of said standard:
A. Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
B. Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
C. Will violate any requirement set forth by the Federal Communications
Commission Order "Accelerating Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment; Accelerating Wireline Broadband
Deployment by Removing Barriers to Infrastructure Investment," WT
Docket No. 17-79; WC Docket 17-84.
Any applicant for a rights-of-way permit shall, as a condition
to the issuance of same, permit the co-location of pole-mounted antennas
onto any new pole to the maximum amount that co-location is technically
feasible which, in any event, shall not be less than two pole-mounted
antennas.