[Adopted 4-17-2019 by Ord. No. 13-19]
As used in this article, the following terms shall have the
meanings indicated:
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.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric 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 or directly supported by 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, 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.
A long, slender, rounded piece of wood, concrete or metal.
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.
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 Township setting forth applicant's
compliance with the requirements of this article.
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."
The Township Committee of the Township of Morris.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
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.
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
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.
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.
