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:
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, planning or attorney fees such as are normally charged
for approval escrows.
CABINET
A small box-like or rectangular structure used to facilitate
utility or wireless service in the municipal right-of-way.
ELECTRICAL DISTRIBUTION SYSTEM
The part of the electrical 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.
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 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.
POLE
A long, slender, rounded piece of wood 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.
PROPOSED POLE
A pole that is proposed to be placed in the municipal right-of-way.
PUBLIC GROUNDS
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.
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 Borough 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 feet of the proposed pole.
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.
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.