[Ord. No. 31-2018, § 1]
The following terms, when used in this article, shall have the
meanings indicated:
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineer and attorney costs to the Borough.
BOROUGH NONRESIDENTIAL ZONES
The B-1, B-2, B-3, B-4, C-1, OB, L-1, L-2 and I Zones as designated in §
13-5.1 of Chapter
13, 2000 Borough of Morris Plains Land Development Ordinance.
BOROUGH RESIDENTIAL ZONES
The R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, TRPUD, AF-1 and AF-2 Zones as designated in §
13-5.1 of Chapter
13, 2000 Borough of Morris Plains Land Development Ordinance.
CABINET
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-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 right-of-way.
MUNICIPAL RIGHT-OF-WAY
The surface of, and the space above or below, any public
street, road, lane, path, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Borough as an easement or
in fee simple ownership. This term also includes any other area that
is determined by the Borough to be a right-of-way in which the Borough
may allow the installation of poles, cabinets and antennas, as well
as 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.
POLE
A long, slender, rounded support structure constructed of
wood or metal located in the municipal right-of-way.
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 right-of-way.
RIGHT-OF-WAY AGREEMENT
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
RIGHT-OF-WAY PERMIT
An approval from the Borough Council setting forth applicant's
compliance with the requirements of this article.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
[Ord. No. 31-2018, § 1]
Notwithstanding any franchise or right-of-way agreement to the
contrary, all facilities proposed to be placed within the municipal
right-of-way by a utility regulated by the Board of Public Utilities
and all other entities lawfully within the municipal right-of-way
shall be subject to the standards and procedures set forth in this
article and shall require right-of-way permits for the siting of poles,
antennas and cabinets in the municipal right-of-way.