[Adopted 3-11-2019 by Ord. No. 19-008[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. VII, Siting of Poles, Cabinets and Antennas in the Municipal
Right-of-Way, adopted 3-11-2019 by Ord. No. 19-001.
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 Ocean 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 Council of the Township of Manchester.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the New Jersey Revised Statutes.
Electric, telephone, or cable service.
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)
Is approved pursuant to a land development application by either
the Township's Zoning Board of Adjustment or Planning Board pursuant
to a land use application; or
(d)
Is 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 repass across
the municipal right-of-way; and
(i)
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.
(3)
Application of Pinelands regulations to proposed poles. Notwithstanding the standards set forth in § 372-38B(2), no pole shall be sited in a manner inconsistent with Subchapters 5 and 6 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5 and 6 et seq.).
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 any 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. 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.
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 Removing 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 shall be deemed incomplete
upon filing unless same includes:
E.
The Township Engineer shall review applications made pursuant to
this article and advise the Township Council 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 Council in writing.
F.
If the Township Council denies any application made under this section,
it shall do so in writing and set forth the factual basis therefor.
A.
Except for standards set forth in Subchapters 5 and 6 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5 and 6 et seq.), the Township Council may waive any siting standard set forth in § 372-38 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 chapter.
(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.
(3)
The Chief Financial Officer shall, upon request by the applicant,
and after a final decision has been made by the Township Council 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.
A.
Any approval received pursuant to this chapter 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 Manchester 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
chapter. 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, including, but not limited to, the New Jersey Pinelands
Protection Act (N.J.S.A. 13:18A-1).
A.
Application submission and modification. Where a proposed pole is
located within a Pinelands Area, written notification shall be given
by the Township, by email or regular mail, to the Pinelands Commission
within seven days after a determination is made by the Township that
an application for a right-of-way permit for the siting of a proposed
pole is complete or if a determination is made by the Township Engineer
that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to developer;
(3)
A brief description of the proposed development, including uses and
intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed,
and any application number or other identifying number assigned to
the application by the approval agency;
(6)
The approval agency with which the application or change thereto
was filed;
(7)
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plan or reports;
and
(8)
The nature of the municipal approvals being sought.
B.
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for a right-of-way permit in the Pinelands Area
is required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(1)
The name and address of the applicant;
(2)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing or other formal
proceeding;
(4)
The name of the approval agency, or representative thereof, that
will be conducting the meeting, hearing or other formal proceeding;
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of the Township Council's determination
related to an application for a right-of-way permit in the Pinelands
Area. The applicant shall, within five days of the approval or denial,
give notice by email or regular mail to the Pinelands Commission.
Such notice shall contain the following information:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(4)
The date on which the Township Council's approval or denial was issued;
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
(6)
Any revisions to the application not previously submitted to the
Commission; and
(7)
A copy of the resolution, right-of-way permit, or other documentation
of the approval or denial. If the application was approved, a copy
of any preliminary or final plan, plot or similar document that was
approved shall also be submitted.
D.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval,
the applicant's application for a right-of-way permit shall be reviewed
in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4.42.
The approval or denial of the Township shall not be effective, and
no development shall be carried out, prior to a determination of whether
the development approval will be reviewed by the Commission. If the
applicant is notified that the Commission will review the application,
no development shall be carried out until such review has been completed.
(2)
Pursuant to N.J.A.C. 7:50-4.1(b) and until January 4, 1991, approvals
issued by the Pinelands Development Review Board or the Pinelands
Commission under the Interim Rules and Regulations shall serve as
the basis for Pinelands Commission review of local approvals under
this section.
(3)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
(4)
Effect of Pinelands Commission's decision on Township's approval
of right-of-way permit. If the Pinelands Commission disapproves an
application for development which was previously approved by the Township
by way of right-of-way permit, such approval shall be automatically
revoked. If the Pinelands Commission approves the decision of the
Township Council related to an application for a right-of-way permit,
subject to conditions, the Township Council shall, within 30 days,
modify its approval to include all conditions imposed by the Pinelands
Commission, and if final approval of the application is required,
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Pinelands Commission have been
met by the applicant.
E.
Participation of Pinelands Commission in Township Council meetings.
The Pinelands Commission may participate in a hearing held in Manchester
Township involving the issuance of a right-of-way permit pursuant
to N.J.A.C. 7:50-4.26.
