[Adopted 4-17-2019 by Ord. No. 13-19]
As used in this article, the following terms 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 engineering and attorney costs incurred by the Township.
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.
GROUND LEVEL CABINETS
A cabinet that is not attached to an existing pole and is touching or directly supported by the ground.
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, and the like, held by the Township as an easement or in fee simple ownership. This term also includes rights-of-way held by the County of Morris where the Township's approval is required for the use of same pursuant to N.J.S.A. 27:16-6. This term shall not include private roadways.
POLE
A long, slender, rounded piece of wood, concrete or metal.
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.
POLE-MOUNTED CABINET
A cabinet that is proposed to be placed on an existing or proposed pole.
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 Township 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 linear feet of the proposed pole. Poles carrying electric transmission lines shall not be considered part of the "surrounding streetscape."
TOWNSHIP COMMITTEE
The Township Committee of the Township of Morris.
UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
UTILITY SERVICE
Electric, telephone, or cable service.
ZONE, NONRESIDENTIAL
The B-11, OL-5, OL-15, OL-40, I-21 and CEM Zones as designated in § 95-5 of the Revised General Ordinances of the Township of Morris.
ZONE, RESIDENTIAL
Any zones permitting single-family, two-family, or multifamily residences, assisted-living residences, nursing homes, and/or residential health care facilities.
A. 
No person shall operate or place any type of pole-mounted antenna, cabinet or pole within the municipal right-of-way without first entering into a right-of-way agreement pursuant to the provisions of this section.
B. 
The terms of said right-of-way agreement shall include:
(1) 
A term not to exceed 15 years;
(2) 
Reasonable insurance requirements;
(3) 
Fine for unauthorized installations;
(4) 
A reference to the siting standards as set forth in this article; and
(5) 
Any other items which may reasonably be required.
A. 
Notwithstanding any franchise or right-of-way agreement to the contrary, all antennas, poles and cabinets proposed to be placed within the municipal right-of-way by a utility regulated by the Board of Public Utilities, or any other entity with legal access to 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.
A. 
No pole, antenna or cabinet shall be installed within the municipal right-of-way without the issuance of a right-of-way permit.
B. 
Pole siting standards.
(1) 
Height. No pole shall be taller than 35 feet or 110% of the average height of poles in the surrounding streetscape, whichever is higher.
(2) 
Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:
(a) 
Is used to bring utility service across the right-of-way to an existing or proposed development from an existing pole; or
(b) 
Is replacing an existing pole; or
(c) 
Approved pursuant to a land development application by either the Township's Zoning Board of Adjustment or Planning Board pursuant a land use application; or
(d) 
Located on the opposite side of the street from the electric distribution system; and
(e) 
For sites in residential zones, is 200 linear feet from any other existing pole or proposed pole along the same side of the street, or for sites in nonresidential zones is 100 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 or sight distance; and
(h) 
Allows adequate room for the public to pass and re-pass across the municipal right-of-way; and
(i) 
Is finished and/or painted, constructed 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 to permit the colocation of additional pole-mounted antennas thereon.
C. 
Ground-level cabinet site standards.
(1) 
Ground-level cabinets are prohibited in residential zones.
(2) 
Ground-level cabinets are permitted in nonresidential zones provided that each ground-level cabinet:
(a) 
Is less than 28 cubic feet in volume; and
(b) 
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; and
(c) 
Does not inhibit an existing sight triangles or sight distance; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
D. 
Pole-mounted antenna and pole-mounted cabinet siting standards.
(1) 
Pole-mounted antennas are permitted on existing poles in all zones, provided that each pole-mounted antenna:
(a) 
Does not exceed three cubic feet in volume; and
(b) 
Is finished and/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 sight triangles or sight distance; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(2) 
Pole-mounted cabinets are permitted on existing poles in all zones, provided that each pole-mounted cabinet:
(a) 
Does not exceed 16 cubic feet; and
(b) 
Is finished and/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 sight triangles or sight distance; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(3) 
The Township may also require that a permittee provide a certification from a licensed engineer attesting to the structural integrity of any pole-mounted antenna or pole-mounted cabinet and the structure on which it is proposed to be mounted.
A. 
Pre-application meeting. While not required by the Township, prior to making a formal application with the Township for use of the municipal right-of-way, all applicants are advised to meet with the Township Engineer to review the scope of applicant's proposal.
B. 
The Township Committee shall, by resolution, approve or disapprove every right-of-way permit application based on the recommendations provided to it pursuant to Subsection E below.
C. 
All applications made under this section which trigger Federal Communications Commission shot clock rules pursuant to the Federal Communications Commission Order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barriers to Infrastructure Investment," WT Docket No. 17-79; WC Docket No. 17-84 shall be processed on an expedited basis.
D. 
Every application for a proposed pole must include a stamped survey prepared by a New Jersey licensed surveyor demonstrating that any such proposed pole is located within the municipal right-of-way. An application which does not include such a survey shall immediately be deemed incomplete.
E. 
The Township Engineer shall review applications made pursuant to this article and advise the Township Committee of his or her recommendation to approve or disapprove same. If he or she recommends that an application be disapproved, the factual basis for that recommendation must be transmitted to the Township Committee in writing.
F. 
If the Township Committee denies any application made under this section, it shall do so in writing and set forth the factual basis therefor.
A. 
The Township Committee may, by resolution, waive any siting standard set forth in § 439-36 where the applicant demonstrates that strict enforcement of said standard:
(1) 
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a); or
(2) 
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(3) 
Will violate any requirement set forth by the Federal Communications Commission Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; WC Docket 17-84.
A. 
Every right-of-way permit application must include a right-of-way permit fee in the following amounts:
(1) 
One to five collocation sites on existing poles: $500.
(2) 
Each additional collocation site on an existing pole: $100.
B. 
Deposit towards anticipated municipal expenses.
(1) 
In addition to the right-of-way permit fee, the Township Engineer may, in his or her own discretion, require the posting of a $2,000 deposit towards anticipated municipal expenses related to an application made pursuant to this article.
(2) 
Applicant's deposit towards anticipated municipal expenses shall be placed in an escrow account. If said deposit contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer of the Township shall provide applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 10 days, post a deposit to the account in an amount to be mutually agreed upon.
C. 
The Chief Financial Officer shall, upon request by the applicant, and after a final decision has been made by the Township Committee regarding his or her pending right-of-way permit application, and subject to review by the Township Engineer, refund any unused balance from applicant's deposit towards anticipated municipal expenses.
Any applicant for a right-of-way permit shall, as a condition to the issuance of same, permit the co-location of pole-mounted antennas onto any new pole to the maximum amount that co-location is technically feasible which, in any event, shall not be less than two pole-mounted antennas.
A. 
Any approval received pursuant to this article does not relieve the applicant from receiving consent from the owner of the land above which an applicant's facility may be located as may be required under New Jersey law, or the owner of any existing pole on which the facility may be mounted.
B. 
Applicant must, in addition to receiving a right-of-way permit, also receive all necessary road opening permits, construction permits and any other requirement set forth in the Revised Ordinances of the Township of Morris or state statutes.
C. 
The Township's consent for use of county roads, as required pursuant to N.J.S.A. 27:16-6, shall take the form of a right-of-way permit subject to the standards and application process set forth in this article. No such applicant shall be required to enter into a right-of-way agreement with the Township.
D. 
Applicant must comply with all applicable state, local and federal regulations.
E. 
Any agreement entered into or right-of-way permit issued pursuant to this article shall not supersede or in any way take the place of any local approvals or franchises which otherwise in the future may be required by applicant under the New Jersey Cable Television Act, N.J.S.A. 48:5A-1, et seq.