[Adopted 12-2-2019 by Ord. No. 2019-15]
The Borough finds and declares that it is necessary to set forth
clear standards in relation to the siting of poles cabinets and antennas
for the benefit of its citizens and any utilities which use the Borough's
rights-of-way. The purpose of this chapter is to protect the property
of the Borough and its citizens by creating a permit system for all
new poles, antennas and cabinets, which are proposed to be placed
in the municipal right-of-way.
For purposes of this article the following definitions shall
apply:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineering, planning or attorney fees such as are normally charged
for approval escrows.
The Borough Council of the Borough of Bay Head.
A small box-like or rectangular structure used to facilitate
utility or wireless service in the municipal right-of-way.
The part of the electrical 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 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 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.
A long, slender, rounded piece of wood 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.
Any lands, areas, buildings or installations owned by the
Borough of Bay Head or any of its departments, agencies or commissions,
and shall include municipal Board of Education lands, areas, buildings
or installations.
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 Borough setting forth applicant's compliance
with the requirements of this article.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
A cabinet that is located beneath the surface of the ground.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Title 48 of the Revised Statutes of the State
of New Jersey.
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 or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this article and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
A.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first entering in to a right-of-way
agreement pursuant to the provisions of this article.
B.
The terms of said right-of-way agreement shall include:
(1)
A term not to exceed 10 years;
(2)
Reasonable insurance requirements;
(3)
A fine for unauthorized installations;
(4)
A reference to the siting standards set forth in this article; and
(5)
Any other items which may reasonably be required for the applicant's
operation within the municipal right-of-way.
A.
No pole, antenna or cabinet shall be installed in the municipal right-of-way
without the issuance of a right-of-way Permit for that installation.
B.
Pole siting standards.
(1)
Height. No pole shall be taller than 35 feet or 110% of the height
of poles in the surrounding streetscape, whichever is higher.
(2)
Distance from the curbline: No pole shall be farther than 18 inches
from the curbline.
(3)
Location, safety and aesthetics: No pole shall be erected in the
municipal right-of-way unless it:
(a)
Is replacing an existing pole;
(b)
Is approved pursuant to a land development application by the
Borough's Land Use Board pursuant to a land use application;
(c)
Is located on the opposite side of the street from a part of
the electrical distribution system;
(d)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street;
(e)
Is not located in an area with underground utilities;
(f)
Does not inhibit any existing sight triangles;
(g)
Allows adequate room for the public to pass and repass along
and across the public right-of-way; and
(h)
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.
C.
Ground level cabinet site standards. Ground level cabinets are prohibited
in all municipal rights-of-way and any public grounds.
D.
Underground cabinet/vault site standards.
(1)
Underground cabinets/vaults are the preferred method of cabinet siting
within the Borough of Bay Head and permitted in the municipal right-of-way
in all zones.
(2)
Underground cabinet/vault siting shall not disturb any underground
utilities.
(3)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any underground cabinet/vault.
E.
Pole-mounted antenna and pole-mounted cabinet siting standards.
(1)
Pole-mounted antennas are permitted on poles in the municipal right-of-way,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume;
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties;
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(2)
Pole-mounted cabinets are permitted on poles in the municipal right-of-way,
provided that each pole-mounted antenna:
(a)
Does not exceed 16 cubic feet in volume;
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties;
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(3)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
F.
Pole-mounted antenna and underground cabinet/vault siting standards.
(1)
Pole-mounted antennas are permitted on poles in the municipal right-of-way,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume;
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties;
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(2)
Underground cabinets/vaults are permitted with poles in the municipal
right-of-way, provided that each underground cabinet/vault shall not
disturb any underground utility service.
(3)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna and underground cabinet/vault.
A.
Pre-application meeting. Prior to making a formal application with
the Borough for use of the municipal right-of-way, all applicants
are advised to meet with the Borough Engineer to review the scope
of the applicant's proposal.
C.
All applications made under this section and article shall be expedited
so as to comply with the shot clocks set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
D.
Every application made under this section and article must include
a stamped survey prepared by a New-Jersey-licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
E.
The Borough Engineer shall review all applications and advise the
Borough Council of his or her recommendation to approve, deny or approve
with conditions such applications.
F.
If the Borough Council denies any application made under this section
and article, it shall do so in writing and set forth the factual basis
therefor.
G.
Waiver. The Borough Council may waive any siting standard set forth
in this article where the applicant demonstrates that strict enforcement
of any siting standard will:
(1)
Prohibit or have the effect of prohibiting any interstate or intrastate
telecommunications service pursuant to 47 U.S.C.A. § 253(a);
(2)
Prohibit or have the effect of prohibiting personal wireless service
pursuant to 47 U.S.C.A. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
B.
Deposit toward anticipated municipal expenses.
(1)
In addition to the right-of-way permit application fee, with the
exception for an application to install a new pole, the Borough Engineer
shall require the posting of an escrow in the amount of $2,000 toward
anticipated municipal expenses, including, but not limited to, planner,
engineer, legal or other municipal fees related to review of an application
for a right-of-way permit under this article.
(2)
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the Borough to conduct its review of the right-of-way permit application,
the Borough Engineer shall provide the applicant with notice of an
insufficient balance. The applicant shall deposit, within 10 days
of such notice, such additional deposit as shall be agreed upon by
the applicant and the Borough Engineer to complete the Borough's review.
(3)
After a final decision has been made by the Borough Council in accordance
with this article regarding the applicant's right-of-way permit application,
any unused balance from the applicant's deposit toward anticipated
municipal expenses shall be refunded.
A.
Any approval granted pursuant to this article does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located, as required under New Jersey
law.
B.
Applicant must, in addition to obtaining a right-of-way permit pursuant
to this article, also receive any and all necessary road opening permits,
construction permits and any other permits required under the ordinances
of the Borough of Bay Head, including, but not limited to, the Uniform
Construction Code.
C.
Applications for Borough consent pursuant to N.J.S.A. 27:16-6 require
adherence to the standards set forth in this article. No such applicant
shall be required to enter into a right-of-way agreement with the
Borough.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
