For purposes of this chapter the following definitions shall
apply.
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
engineering, planning and/or attorney fees such as are normally charged
for approval escrows.
CABINET
A small box-like or rectangular structure used to facilitate
utility or wireless service from in the municipal right-of-way.
ELECTRICAL DISTRIBUTION SYSTEM
The part of the electrical 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, 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.
POLE
A long, slender, rounded piece of wood, metal or other materials.
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.
PUBLIC GROUNDS
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.
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, or designee, which
sets forth that the applicant is in compliance with the requirements
of this chapter.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way, which are located
within 500 feet of the proposed pole.
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.
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.