[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 6-22-2017 by Ord.
No. 17-12. Amendments noted where applicable.]
GENERAL REFERENCES
Cellular (wireless) telecommunications antennas — See Ch. 227.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be as defined in Chapter 227, Telecommunications Antennas, Cellular (Wireless).
A utility pole that has been installed in the right-of-way
prior to the filing of an application hereunder for the installation
of telecommunications facilities, or installed by a utility company
pursuant to consent previously granted by the Borough.
A utility pole that is not an existing pole and that is proposed
to be installed solely for the purpose of supporting telecommunications
facilities. For the avoidance of doubt, a replacement of an existing
pole that is of substantially similar height and appearance to the
existing pole it is replacing shall not be considered a new pole.
An individual, a corporation, a limited-liability company,
a general or limited partnership, a joint venture, a business trust,
or any other form of business entity or association.
The space in, upon, above, along, across, and over the public
streets, roads, lanes, courts, ways, alleys, boulevards, and places,
including all public utility easements and public service easements
as the same now or hereafter may exist, that are under the jurisdiction
of the Borough of Florham Park or the jurisdiction of the County of
Morris for which municipal consent may be required pursuant to N.J.S.A.
27:16-6.
Antenna(s) and related and ancillary structures and equipment.
A vertical structure installed in the right-of-way, which
structure can support utility wires and cables, streetlights and related
ancillary equipment, and is also capable of supporting telecommunications
facilities.
A.
Any party that is licensed by the Federal Communications Commission
(FCC) or authorized by the Board of Public Utilities (BPU) to provide
telecommunications services in the State of New Jersey shall be entitled
to submit to the Borough Construction Official (the Applicable Official)
an application to install a telecommunications facility within the
public right-of-way, utilizing an existing pole. Any such application
shall be submitted, in writing, to the Applicable Official, and shall
include five copies of each of the following documents:
(1)
A narrative explanation of the proposed facility.
(2)
A copy of the party's BPU authority or FCC license authorizing
such party to provide telecommunications services.
(3)
A plot plan or detailed sketch depicting the proposed installation,
which shall include a key map depicting the site location relative
to the nearest cross street, overhead and elevation views, the pole
number (if applicable), the number of antennas, the model of the antennas,
the dimensions of the antennas, and any specific information requested
by the Applicable Official.
B.
If requested by the Applicable Official, the party shall submit a
structural report, which shall be signed and sealed by a New Jersey
licensed engineer.
C.
The Applicable Official shall submit a copy of the applicant's
petition to the Borough Council, together with all supporting documentation
supplied by the applicant, as well as any information deemed relevant
by the Applicable Official.
D.
Upon receipt of the application package from the Construction Official,
the Borough Clerk shall schedule the matter for consideration by the
Borough Council during a Council meeting, and shall advise the applicant
of the scheduled Council meeting, and that the applicant shall be
present for such meeting. The Borough Clerk shall provide notice of
the hearing as required by law. At such time, the Council shall consider
the application.
E.
If the application is in compliance with all requirements of this
Ordinance, then the Council shall adopt a resolution to approve the
application and a related agreement. The resolution may be adopted
at the hearing at which the application was reviewed, or at the next
subsequent Council meeting. A form of agreement to be adopted is attached
hereto as Exhibit A.[1] The agreement may be altered as necessary to suit the
appropriate circumstance and shall include as exhibits sketches of
the approved installations.
[1]
Editor's Note: Exhibit A is on file in the Borough Clerk's
office.
F.
The applicant shall file for, pay any filing fees and obtain any
necessary permits required from the Borough pursuant to the applicable
Construction Code or other subcode.
G.
It shall be the applicant's responsibility to obtain any and
all approvals necessary from the owner and/or operator of the utility
pole in question to install antennas and related equipment on the
pole. If the utility pole is within the right-of-way under the jurisdiction
of the County of Morris, the applicant shall obtain the approval of
the county to install its facilities. Any resolution adopted by the
Borough Council in this regard shall indicate that the Borough's
authority is limited to authorizing the antennas and related equipment
to be located within the public right-of-way, and the Borough has
no authority with respect to obtaining approval from the utility pole
owner and/or operator to permit any antennas or related equipment
to be located on the pole.
H.
No antenna or attachment to an existing utility pole shall exceed
the height of that pole by more than five feet.
I.
No antenna shall be attached to an existing utility pole that is
located less than 150 feet away from another utility pole that an
antenna is already attached to; provided, however, that this shall
not prohibit the collocation of two antennas on a single utility pole.
J.
There shall be an initial application fee of $2,500 for an application
to install up to five telecommunications facilities within the public
rights-of-way. The application fee for subsequent or additional telecommunications
facilities by the same applicant shall be $500 per telecommunications
facility. Additionally, there shall be an escrow deposit of $1,000
for said application(s), which escrow deposit shall be used to reimburse
Borough construction and inspection fees and shall be subject to replenishment
by the applicant upon request by the Borough.
If the application is for installation of a new pole with antennas to be attached to the pole, within the Borough rights-of-way, the applicant shall follow the process set forth in § 227A-2 herein, provided that the following requirements are satisfied:
A.
The new pole shall be no higher than 115% of the average height of
the existing poles within a radius of 500 feet.
B.
The new pole shall have no antennas or attachments which extend more
than five feet above the pole.
C.
The location of the new pole shall be in a zone where the use is permitted as identified in § 227-2A; provided however, that if the location is in a zone not identified in § 227.2A, but the new pole meets the requirements of Subsections A and B above, and is in a neighborhood where the new pole is consistent with the neighboring streetscape, the Applicable Official shall have the discretion to recommend to the Borough Council that the new pole be approved in accordance with the process set forth in § 227A-2 herein, subject to the additional requirement that the applicant give notice by certified mail to all property owners located within 200 feet of the proposed location at least 10 days prior to the hearing before the Borough Council.
Any application for a new pole which does not satisfy these
requirements shall require approval from the Planning Board or Zoning
Board of Adjustment pursuant to N.J.S.A. 40:55D-70 as applicable.
