[Added 7-10-2017 by Ord.
No. 2017-13 (1173); amended 2-19-2019 by Ord. No. 2019-01 (1191)]
A.
In that portion of the public right-of-way extending five feet from
the edge of the impervious pavement toward the abutting owner's property
line, no obstructions may be placed, and that area shall remain clear
and unobstructed. The only improvements that may be installed at the
owner's desire are:
(1)
Curbs, sidewalks and driveways installed to meet with the specifications
required within the Code of the Borough of Lavallette.
(2)
Grass (not to exceed the height of three inches).
(3)
Stones or gravel.
(4)
Pavers, bricks or anything else which is flat and provides no impediment
to pedestrian passage.
B.
Permit required. No person shall alter, demolish or construct any
part of a public right-of-way between the improved area of the public
right-of-way and an abutting owner's property line within the limits
of the Borough of Lavallette without having first applied for and
obtained a permit in writing to do so. Before any permit is granted,
an application therefor shall be made in writing to the Zoning Official.
Said application shall be signed by the applicant or the duly authorized
agent of said applicant and shall designate the location whereupon
it is proposed such use of the public right-of-way between the paved
area of the public right-of-way and the abutting owner's property
line shall be constructed. The Public Works Supervisor, Water Superintendent
or, in his absence, the officials designated above shall investigate
the work to be done under said application. Any drawing submitted
must be to scale and must clearly indicate the dimensions of all work
done.
C.
If the Borough of Lavallette, its agents, assigns, heirs, successors,
or representatives require access to any underground drainage or utility
or for any other Borough of Lavallette purpose located within the
improved area of the public right-of-way and an abutting owner's property
line, then the Borough of Lavallette, its agents, heirs, successors,
representatives, or assigns shall not be required to repair or replace
any improvements or uses located on said property. Any necessary repair
or replacement of said area shall be at the sole expense of the property
owner.
For purposes of this chapter the following definitions shall
apply.
The cost of processing an application for a right-of-way
permit including, but not limited to all professional fees such as
engineering, planning and/or attorney fees such as are normally charged
for approval escrows.
The Borough Council of the Borough of Lavallette.
A small box-like or rectangular structure used to facilitate
utility or wireless service from in the municipal right-of-way.
The part of the electrical system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Borough as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Ocean where the Borough's approval is required for
the use of the same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded piece of wood, metal or other materials.
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.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
Any lands, areas, buildings or installations owned by the
Borough of Lavallette or any of its departments, agencies or commissions,
and shall include, but not limited to, the Borough Board of Education
lands, areas, buildings or installations and the Boardwalk and Bayfront
areas.
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.
An approval from the Borough Council, or designee, which
sets forth that the applicant is in compliance with the requirements
of this chapter.
Existing poles within the same right-of-way, which are located
within 500 feet of the proposed pole.
Electric, telephone or cable service.
[1]
Editor's Note: See N.J.S.A. 48:1-1 et seq.
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 regulating any facility, equipment,
antenna, cabinet and/or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this chapter and shall be required to obtain right-of-way permits
discussed (as above and below) for the siting of poles, antennas,
cabinets and related facilities, equipment or other installation within
the municipal right-of-way.
A.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first obtaining a right-of-way
permit pursuant to the provisions of this chapter.
B.
The terms of said right-of-way agreement shall include, but not limited
to:
(1)
A term not to exceed 15 years;
(2)
Reasonable insurance requirements;
(3)
A fine for unauthorized installations;
(4)
A reference to the siting standards set forth in this chapter;
(5)
Any other items which may reasonably be required for the applicant's
operation within the municipal right-of-way.
(6)
An approved right-of-way permit pursuant to this chapter.
A.
No pole, antenna or cabinet shall be installed in the municipal right-of-way
without the issuance of a right-of-way permit for that installation.
B.
Pole siting standards.
(1)
Height. No pole shall be taller than 35 feet or 110% of the height
of poles in the surrounding streetscape, whichever is higher.
(2)
Distance from the curb line. No pole shall be farther than 18 inches
from the curb line.
(3)
Location, safety and aesthetics. No pole shall be erected in the
municipal right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved pursuant to a land development application by the
Borough's Land Use Board pursuant to a land use application; or
(c)
Is located on the opposite side of the street from a part of
the electrical distribution system; and
(d)
Is located in the municipal rights-of-way located in the RA,
RB and RC Zones, except as noted below; and
(e)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street; and
(f)
Is not located in an area with underground utilities; and
(g)
Does not inhibit any existing sight triangles; and
(h)
Allows adequate room for the public to pass and repass along
and across the public right-of-way; and
(i)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties.
(4)
Poles are prohibited in the municipal rights-of-way located on any
public grounds.
C.
Ground-level cabinet site standards. Ground-level cabinets are prohibited
in the municipal right-of-way in the RA, RB and RC Zones and on any
public grounds.
D.
Pole-mounted antenna and pole-mounted cabinet siting standards.
(1)
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged in conformance
with best available stealth technology methods so as to blend in compatibly
with its background and so as to minimize its visual impact on surrounding
properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(2)
Pole-mounted cabinets are permitted on existing poles, provided that
each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged in conformance
with best available stealth technology methods so as to blend in compatibly
with its background and so as to minimize its visual impact on surrounding
properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(3)
The Borough may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
A.
Preapplication meeting. Prior to making a formal application with
the Borough for use of the municipal right-of-way, all applicants
are advised to meet with the Borough Engineer to review the scope
of the applicant's proposal.
C.
All applications made under this section and chapter shall be expedited
so as to comply with the "shot clocks" set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
D.
Every application made under this section and chapter must include
a stamped survey prepared by a New Jersey licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
E.
New poles and ground-level cabinets. The Lavallette Land Use Board
shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review all applications
for the placement of new poles and ground-level cabinets proposed
to be located in the municipal right-of-way and advise the Borough
Council of its recommendations to approve, approve with conditions
or deny such applications. If the Land Use Board recommends a denial
of such application, it shall set froth the factual basis for such
denial in writing. If the Land Use Board recommends an approval with
conditions, it shall set forth the factual basis for such conditions
in writing.
F.
Pole-mounted antenna and pole-mounted cabinets.
(1)
The Borough Engineer shall review all applications to place pole-mounted antenna and pole-mounted cabinets within the municipal right-of-way and advise the Lavallette Land Use Board and Borough Council of his or her recommendation to approve, approve with conditions or deny such applications. The provisions of Subsection E above shall apply to the Engineer as to written findings.
(2)
The Lavallette Land Use Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3),
review all applications for the placement of new poles and ground-level
cabinets proposed to be located in the municipal right-of-way and
advise the Borough Council of its recommendations to approve, approve
with conditions or deny such applications. If the Land Use Board recommends
a denial of such application, it shall set forth the factual basis
for such denial in writing. If the Land Use Board recommends an approval
with conditions, it shall set forth the factual basis for such conditions
in writing.
G.
If the Borough Council denies any application made under this section
and chapter, it shall do so in writing and set forth the factual basis
therefor.
H.
Waiver. The Borough Council may waive any siting standard set forth
in this chapter where the applicant demonstrates that strict enforcement
of any siting standard will:
(1)
Prohibit or have the effect of prohibiting any interstate or intrastate
telecommunications service, pursuant to 47 U.S.C.A. § 253(a);
or,
(2)
Prohibit or have the effect of prohibiting personal wireless service,
pursuant to 47 U.S.C.A. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
B.
Deposit toward anticipated municipal expenses.
(1)
In addition to the right-of-way permit application fee, the Borough
Engineer or Zoning Officer may, in his or her own discretion, require
the posting of an escrow in the amount of $2,000 towards anticipated
municipal expenses including, but not limited to, a planner, engineer,
legal or other municipal fees related to review of an application
for a right-of-way permit under this chapter.
(2)
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the Borough to conduct its review of the right-of-way permit application,
the Borough's Chief Financial Officer shall provide the applicant
with notice of an insufficient balance. The applicant shall deposit
within 10 calendar days of such notice, such additional deposit as
shall be agreed upon by the applicant and the Borough's Chief Financial
Officer to complete the Borough's review.
(3)
The Borough's Chief Financial Officer shall, upon request by the
applicant after a final decision has been made by the Borough Council
in accordance with this chapter regarding the applicant's right-of-way
permit application, refund any unused balance from the applicant's
deposit toward anticipated municipal expenses.
A.
Any approval granted pursuant to this chapter does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located upon, as required under New
Jersey law.
B.
Applicant must, in addition to obtaining a right-of-way permit pursuant
to this chapter, also receive any and all necessary road opening permits,
construction permits and any other permits required under the laws
and statutes of the State of New Jersey and/or the Borough Code/Ordinances
of the Borough of Lavallette including, but not limited to, the Uniform
Construction Code.
C.
The Borough's consent to the use of county roads, as required pursuant
to N.J.S.A. 27:16-6, shall be subject to the standards and application
process set forth in this chapter. However, no such applicant shall
be required to enter into a right-of-way agreement with the Borough,
but will be required to have a right-of-way permit.
Any person, firm or corporation that shall be convicted of a
violation of a provision of this article shall, upon conviction whereof
by any court authorized by law to hear and determine the matter, be
subject to a fine of no less than $100 and no more than $1,000, imprisonment
not to exceed 90 calendar days or community service of not more than
90 calendar days, or any combination of fine, imprisonment and community
service, as such court in its discretion may impose. Each day that
such violation exists shall constitute a separate offense.
