[Ord. #2432, § 1, 11-26-2019, added]
As used in this chapter, the following terms have the following
meanings:
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 in processing
applications.
A small box-like or rectangular structure used to facilitate
utility, telecommunications 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 Somerset 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, piece of wood, fiberglass, 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 the applicant's
compliance with the requirements of this section.
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.
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 E-1, E-2, E-3, E-4, and E-5 Zones as designated in § 21-10.1 of the Revised General Ordinances of the Township of Bernards.
All other zones which are not zones within Zoning Group A,
as defined above.
[Ord. #2432, § 1, 11-26-2019, added]
[Ord. #2432, § 1, 11-26-2019, added]
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 section and shall require right-of-way permits for the
siting of poles, antennas and cabinets in the municipal right-of-way.
[Ord. #2432, § 1, 11-26-2019, added]
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; or
(d)
Is located on the opposite side of the street from the electric
distribution system; and
(e)
For sites in Zoning Group B, is 200 linear feet from any other
existing pole or proposed pole along the same side of the street,
or for sites in Zoning Group A, is 100 linear feet from any other
existing pole or proposed pole along the same side of the street;
and
(f)
Is not located on a street with all underground utilities; and
(g)
Does not inhibit any 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 constructed 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.
c.
Ground level cabinet site standards.
1.
Ground level cabinets are prohibited at sites located in Zoning Group
B.
2.
Ground level cabinets are permitted at sites in Zoning Group A, provided
that each ground level cabinet:
(a)
Does not exceed 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 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, 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 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 an applicant 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.
[Ord. #2432, § 1, 11-26-2019, added]
a.
Preapplication 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 Engineer shall approve or disapprove every right-of-way
permit application in writing.
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 signed and sealed
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.
Every application for a right-of-way permit shall include a fully
executed right-of-way agreement between the Township and applicant.
An application which does not include such a right-of-way agreement
shall immediately be deemed incomplete.
f.
If the Township Engineer denies any application made under this section,
he or she shall do so in writing and set forth the factual basis therefor.
g.
The Township Engineer shall create a checklist setting forth the
requirements for an applicant's submission under this section. An
application that does not meet all necessary checklist requirements
shall be deemed incomplete.
[Ord. #2432, § 1, 11-26-2019, added]
a.
The Township Engineer may waive any siting standard set forth in Subsection 18-9.4 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.
[Ord. #2432, § 1, 11-26-2019, added]
b.
Additional deposits.
1.
If the deposits are not sufficient to cover the Township's reasonable
costs related to the review of an applicant's proposed facilities,
an additional refundable deposit towards municipal expenses may be
required by the Township Engineer when the initial deposit is exhausted.
2.
The applicant's additional 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 the 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 Engineer
regarding his or her pending right-of-way permit application, and
subject to review by the Township Engineer, refund any unused balance
from the applicant's additional deposit towards anticipated municipal
expenses.
[Ord. #2432, § 1, 11-26-2019, added]
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.
[Ord. #2432, § 1, 11-26-2019, added]
a.
Any approval received pursuant to this chapter does not relieve the
applicant from receiving consent from the owner of the soil on 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.
The 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 Bernards or state statutes or regulations.
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.
This section shall not permit the placement of utility service above
ground in contravention to the requirements of Section 21-26 of the
Township's land development code.
e.
The applicant must comply with all applicable state, local and federal
regulations.
