Township of Freehold, NJ Article VI Small Wireless Facilities

[Added 5-28-2019 by Ord. No. O-19-8]

§ 319-69 License application information.

Any person that desires a telecommunications license for a small wireless facility pursuant to this Article VI shall file an application with the Township which shall include the following information:

A. The identity of the license applicant, including all affiliates of the applicant.

B. A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.

C. A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.

D. Preliminary engineering plans, specifications and a network map of the facilities to be located within the Township, all in sufficient detail to identify:

(1) The location requested for applicant's proposed small wireless facilities.

(2) A description of the type and height of the structure on which the small wireless facilities are being mounted, and a description of the proximity of the equipment to any other equipment on the same structure.

(3) The size and weight of the proposed equipment.

(4) A description of any proposed lighting, and if any, proposed focusing/shielding to avoid projection towards adjacent/nearby properties.

(5) A description of the noise output of the proposed small wireless facility in decibels.

(6) A description of any proposed excavation.

(7) Radiofrequency radiation levels of the proposed equipment.

(8) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.

(9) The location(s), if any, for interconnection with the telecommunications facilities of other communications carriers.

(10) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

E. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

(1) The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities.

(2) The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.

F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:

(1) The location proposed for the new ducts or conduits.

(2) The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.

G. A preliminary construction schedule and completion date.

H. A preliminary traffic control plan in accordance with the New Jersey Department of Transportation regulations.

I. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.

J. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.

K. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.

L. All fees, deposits or charges required pursuant to this Article VI.

§ 319-70 Review of small wireless facilities applications.

Applicants seeking to install small wireless facilities within the Township, including within the public right-of-way, shall submit an application to the Township. Small wireless facilities applications shall be reviewed by the Township Committee pursuant to the following:

A. The Township Committee shall review applications to collocate small wireless facilities on existing structures within 60 days of receipt of the application, and applications for new construction of small wireless facilities within 90 days. "Batch" applications seeking both to collocate and to construct new small wireless facilities shall be reviewed within 90 days.

B. The time period for review shall be tolled during any period in which the applicant is notified that it has not submitted a complete application.

C. Complete applications that comply with the standards set forth in § 319-69 shall be granted within the applicable time period.

§ 319-71 Nonexclusive grant.

No license granted under this article shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Township for delivery of telecommunications services or any other purposes.

§ 319-72 Rights granted.

No license granted under this article shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.

§ 319-73 Term of grant.

Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.

§ 319-74 License route.

A small wireless facilities license granted under this article shall be limited to a grant of specific public ways and defined portions thereof.

§ 319-75 Construction permits.

All licensees are required to obtain construction permits for small wireless facilities as required in Article IV of this chapter; provided, however, that nothing in this article shall prohibit the Township and a licensee from agreeing to alternative plan review, permit and construction procedures, provided such alternative procedures provided substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.

§ 319-76 Amendment of grant.

A. A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its small wireless facilities in public ways of the Township which are not included in a license previously granted under this chapter.

B. If ordered by the Township to locate or relocate its small wireless facilities in public ways not included in a previously granted license, the Township shall grant a license amendment without further application.

§ 319-77 Renewal applications.

Renewal of small wireless facilities licenses is required and is governed by §§ 319-17 through 319-19 of Article II of this chapter.

§ 319-78 Small wireless facilities fees.

A. Applicants seeking to install up to five small wireless facilities shall pay an initial application fee of $500. An additional $100 shall be required for each small wireless facility beyond five.

B. An annual fee of $270 per small wireless facility per year for access to and inspection of such facilities shall be required.

§ 319-79 Regulatory fees and compensation not a tax.

The regulatory fees and costs provided for in this article are separate from, and additional to, any and all federal, state, local and Township taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.

§ 319-80 Small wireless facilities standards.

A. Small wireless facilities shall be collocated on existing structures when possible. Collocation of small wireless facilities is preferred to construction of new structures intended to solely support a small wireless facility, unless the new structure is designed to conceal the small wireless facility.

B. Absent a showing of necessity, the following shall apply:

(1) There shall be no more than one small wireless facility located on any single structure.

(2) Small wireless facilities shall not be located within 1000 feet of any existing small wireless facilities.

C. No new small wireless facilities shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right of way.

D. Any required accessory equipment, not including the antenna, shall be located underground to the extent possible. Accessory equipment that cannot be located underground must be located on the structure. No accessory equipment may be located on the ground adjacent to the structure.

E. Any disturbance to the public right of way as a result of the construction of the small wireless facilities shall be restored to its original condition post construction to the satisfaction of the Township Engineer.