[1988 Code § 130-1]
As used in this Article, the following terms shall have the meanings indicated:
APPLICANT
Shall mean the party in interest for or by whom the excavation is made, such as the water company for water pipes, sewer company for sewer pipes, and the gas company for gas pipes.
[1988 Code § 130-2; Ord. No. 621-13; amended 4-11-2024 by Ord. No. 10-2024]
a. 
Permit Required. No person shall tear up, excavate, open or perform work of any other nature on any street under the control of the Borough without first having obtained and being in possession of a valid permit to do such work issued by the Office of the Municipal Clerk.
b. 
Fee. Fees must be paid when the application for a permit is made in the amounts as hereinafter set forth. A non-refundable fee of $400 shall be charged for each permit and paid to the Borough prior to the issuance of the permit for all excavations less than or equal to 50 square feet. If said area to be opened, excavated, disturbed or damaged exceeds 50 square feet, the additional area shall be classified as excess footage and an additional fee shall be charged and payable by the applicant for all footage in excess of 50 square feet at a rate of $2.50 per square foot. In addition, the applicant shall be charged a non-refundable fee for necessary Borough administration and inspection services relating to restoration of the road opening in the amount of $1,000 for the first 50 square feet and $2.50 per square foot for each additional square foot above 50 square feet.
c. 
Expiration. Any permit issued pursuant to this section shall become null and void unless work is commenced pursuant to the permit within 10 days of issuance of the permit and unless the applicant has sought and received a written extension from the office of the Municipal Clerk for commencement of the work.
d. 
Recently Resurfaced or Repaved Streets. Unless otherwise required by an emergency, the Municipal Clerk shall not issue a permit for the opening or excavation of any street under the control of the Borough where such street has been resurfaced or replaced within five years prior to the date of application for the permit. Any such emergency must be so certified by the Commissioner of Public Works, Parks and Public Property.
e. 
Other Necessary Permits or Licenses. In addition to obtaining a permit from the Borough as outlined above, the applicant must likewise, where required by law, obtain all necessary permits or licenses from the public utilities whose lines, property or equipment may be affected by the opening, excavation or construction.
f. 
Notice of Commencement of Work. Subsequent to acquiring the necessary permits, the applicant must give 48 hours notice to the office of the Borough Engineer and Borough Clerk before commencement of any street opening, excavation or construction.
[1988 Code § 130-3; amended 4-11-2024 by Ord. No. 10-2024]
All applicants for a street opening, excavation or construction shall prepare and file with the Construction Official an application obtained from the Construction Code Official. The application shall be accompanied by a plan or drawing describing the portion of the street to be opened or excavated, indicating the dimensions of the opening, the purpose for the opening and the expected duration of the opening or excavation. The application fees, permit fees, inspection fees, and performance bond amounts required through the application shall apply to each application requested under this § 130-3.
[1988 Code § 130-4]
The Board of Commissioners or the Borough Engineer may order the measurement of any section and then demand, by registered mail or direct service, an increased deposit to be made by the applicant if the original permit is for a lesser area than that actually opened.
[1988 Code § 130-5]
a. 
During the period of time that the street is under construction, excavated or opened, it shall remain, wherever safely reasonable, open to traffic, and the applicant shall assist the Borough in providing for continuous vehicular access. In the event that detouring is necessary, it shall be coordinated with and approved by the Public Works Supervisor.
b. 
While under construction or excavation, the applicant shall be responsible for providing barricades or other safety devices or warnings, as reasonably required by the Borough Engineer, so as to inform motorists, bicyclists, and pedestrians of any construction or excavation. The applicant shall also promptly notify the Public Works Supervisor of any excavation or construction site and provide the Public Works Supervisor with the name, address and phone number where the applicant or his representative may be reached.
c. 
The contractor shall be responsible for maintaining safe working conditions at the site of construction or excavation. The provisions of the Construction Safety Code, as promulgated by the Commissioner of Labor and Industry under the authority of the Construction Safety Act, P. L. 1962, c. 45, (N.J.S.A. 34:5-166), shall be adhered to. Excavated materials shall be placed three feet back from the edge of the trench. Where conditions do not allow for the sloping of the trench sides, the contractor shall brace and support the trench in accordance with recognized practice.
[1988 Code § 130-6]
a. 
The applicant shall be responsible for the immediate refilling of any excavation or construction site and the restoring of any street in accordance with the following specifications.
b. 
In general, the excavation, refilling and restoration of any street shall be in accordance with the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction, as amended, hereinafter called NJDOT Standard Specifications, except as further modified herein:
1. 
Location of Existing Utilities. Prior to any excavation, the contractor shall bear the responsibility of locating and marking, either by paint on the pavement or placement of stakes in the ground, the location of all water services, gas services, gas mains, water mains, sewer mains, telephone and electric raceways or conduits and drains within the area to be excavated. In addition, the contractor must comply with P.L. 1994, c. 118, known as the Underground Facility Protection Act. (N.J.S.A. 48:2-73)
2. 
Pavement Cutting. Pavement shall be cut with pneumatic hammers or mechanical pavement cutters, saws or other methods approved by the Borough Engineer.
3. 
Trench Excavation.
(a) 
In general, the preferred method of installing any underground utility shall be through the use of tunneling or hydraulic jacking, whereby disturbance to the roadway pavement is minimized. Where this is not feasible, the trench in which any utilities and/or appurtenances are to be constructed shall be excavated by open cut from the surface, except where otherwise stated in writing and, in all cases, in such a manner and to such a depth and width as will give suitable room for bracing, supporting, pumping and draining.
(b) 
The maximum trench width at the top of the pipe shall be two feet plus the outside diameter of the pipe. The contractor may, where it will not interfere with the work or adjacent structures or property, and only after receiving approval from the Borough Engineer, slope the sides of the excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the top of the pipe.
4. 
Depth of Utility. In general, the depth at which the utility is installed shall be in accordance with the requirements of the applicable utility company or code, but in no case shall it be less than 18 inches below the finished surface of the roadway.
5. 
Length of Trench to be Opened.
(a) 
No more trench shall be excavated than can be properly backfilled within the same day. In addition, if the trench area is going to be open to traffic, the trench shall be paved by using the methodology hereinafter specified for street restoration, by using a temporary riding surface such as coal patch or steel plates or by some combination of the above.
(b) 
The length of trench to be opened or the area of the surface to be disturbed or unrestored at any one time shall be limited by the Borough Engineer with regard to expeditious construction and to the convenience and comfort of the persons residing in the neighborhood or frequenting the streets in question. New trenching will not be permitted when earlier trenches need backfilling or labor is needed to restore the surface of the streets to a safe and proper condition.
6. 
Acceptance of Utility Company. Prior to final restoration of the roadway, the applicable utility company shall certify that the installation has been completed in accordance with their requirements, including but not limited to floodproofing, joint sealing and corrosion protection, where applicable. A copy of this acceptance is to be provided to the Cape May Point Construction Official.
7. 
Backfilling Trenches.
(a) 
The trench or other excavation shall be carefully backfilled with such excavated material. No rock or frozen earth shall be put in the trench until the backfill has reached at least two feet above the top of the utility. Backfill to a height of two feet above the top of the utility pipe shall be made with earth which shall be free from stones or rock fragments of a size larger than one inch in diameter. Below this level, the backfill shall be placed in layers not more than six inches thick and shall be compacted with approved flat-faced tampers. All backfill more than two feet above the top of pipes shall be compacted as follows:
(1) 
By approved vibratory soil compactors, if the backfill material is predominantly sand or sand and gravel but contains more than 12% by weight of the material that will pass the two-hundred-mesh sieve.
(2) 
By approved vibratory compactors or puddling if the materials are predominantly sand or sand and gravel and contain not more than twelve percent (12%), by weight of material that will pass the two-hundred-mesh sieve.
(3) 
By approved flat-faced mechanical tampers if the backfill material is not predominantly sand or sand and gravel.
(4) 
Backfill around inlets, manholes and other subsurface structures shall be compacted by flat-faced mechanical tampers.
(b) 
In paragraph b7(1) and (2) above, approved flat-faced mechanical tampers may be substituted for the vibratory soil compactors where the shoring and bracing of the trenches or other special conditions make the use of vibrating compactors impractical. Where mechanical tampers or vibrating soil compactors are used in accordance with the foregoing provisions, the backfill shall be placed and compacted in layers not more than six inches thick, loose measurements. Where trenches are puddled in accordance with the foregoing provisions, the backfill shall be placed in successive lifts, not more than four feet thick, and each lift shall be thoroughly puddled before the next lift is placed. The application of water shall be continuous until all puddling of each lift is evidenced by a constant head without further addition of water. If more than a six-inch depth of trench remains unfilled after the final puddling, the remaining backfill shall be tamped or vibrated as specified in subsection b7(1) and (2) above. The surface of the trench backfill shall be rounded to allow for compression and shall be finally compacted by a three-wheel ten-ton roller and have a load of not less than 330 pounds per inch of width of rear wheels. Rock in pieces weighing more than 50 pounds shall not be put in the trench. All sheeting shall be withdrawn unless ordered left in place by the Borough Engineer. As the trench is refilled, the sheeting and timbering shall be removed in such a manner as to avoid the caving of the trench. The vacancy left by the sheeting shall be carefully refilled by ramming or as otherwise directed. All materials excavated, if suitable, shall be used for backfilling trenches or other excavations or deposited in embankment. None shall be wasted without permission of the Borough Engineer. Surplus and waste materials shall be removed from the site. Broken pavement, large rocks and all objectionable material are to be kept segregated from the clean surplus material and trucked to a separate disposal site from that of the clean material. When a bulldozer or payloader is used in backfilling a trench, the contractor shall station a man at the side of the trench to carefully inspect and supervise the backfilling operation.
(c) 
The method of backfilling and compaction shall be established at the discretion of the Borough Engineer, depending upon the quality of the backfill material encountered at the site, and is not necessarily limited to the above described methods. Any changes required by the Borough Engineer will not be more stringent than those methods outlined herein.
8. 
Care of Existing Structures. Care shall be taken not to move, without the consent of the Borough Engineer, any sewers, drains, culverts, poles, water or gas pipes, etc., or structures near them that may be encountered during the construction. They shall be securely hung, braced and supported in place by the contractor at his own expense. All utility poles adjacent to the excavation shall be protected and braced during construction. Whenever it is necessary to interfere with the structures, the contractor shall maintain services at his own expense and repair all damages. He shall leave them in as good condition as he found them.
9. 
Dewatering. The contractor shall furnish sufficient pumping equipment and shall provide at his own expense satisfactory drainage whenever needed in the trench and other excavation during the progress of the work. All water pumped and bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge. The flow in all sewers, drains and watercourses encountered on the work, in gutters along the side of or across the work, shall be entirely provided, both temporarily and permanently, as required, by the contractor and at his expense.
10. 
Street Restoration.
(a) 
The trench restoration in the street (except in county roads) will consist of a six-inch gravel base course, two-inch bituminous stabilized base course, Mix 1-2 and a FABC 1 Type Surface Course, Mix 1-5, two-inches thick. The gravel base course and bituminous stabilized base course shall be applied immediately upon completion of the purpose for the opening.
(b) 
The six-inch gravel base course shall be Soil Aggregate Type 2, Class A or B, conforming to the requirements specified respectively thereof in Division 8, Section 8, of the NJDOT Standard Specifications.
(c) 
The materials for the bituminous stabilized base course shall conform to Division 3, Section 2A, Article 2, of the NJDOT Standard Specifications.
(d) 
The final surface course shall not be placed for at least 30 days after initial completion and placement of the stabilized base course. The final surface course shall be completed no more than 60 days after initial compaction and placement of the stabilized base course. During the interim period between placement of the bituminous stabilized base course and the final surface course, the pavement shall be brought up to finished grade by the placement of temporary cold-patch material, which shall be completely removed prior to final paving. Alternately, the contractor may place additional stabilized base course material to bring the pavement to finished grade and then remove said additional material by pavement milling prior to final surfacing. In no case shall the total pavement thickness be less than the minimums specified above.
(e) 
The method of construction of the six-inch gravel base course, the two-inch bituminous stabilized base course, Mix 1-2, and the two-inch FABC-1 Surface Course, Mix 1-5, shall conform to the requirements of Division 3 of the NJDOT Standard Specifications.
(f) 
All work is to be inspected by the Borough Engineer. The contractor shall notify the Borough Engineer 48 hours in advance of performing any work under street restoration.
[1988 Code § 130-7; Ord. No. 608-12; amended 4-11-2024 by Ord. No. 10-2024]
a. 
Every application shall be accompanied by a performance bond in the minimum amount of $50,000 or such greater amount as may be deemed necessary by the Borough Engineer to be sufficient to satisfy the purpose set forth in paragraph c below.
b. 
A public utility or construction company, in lieu of giving a separate bond for each project, may annually, once in January of each year, post a bond in an amount sufficient to encompass the estimated work performed by the company during the ensuing calendar year. In the event that construction, excavation or road openings exceed the posted bond amount, additional bonds and/or cash security will be required.
c. 
The purpose of depositing the performance bond is to guarantee to the Borough that any construction, excavation or road opening will be performed and completed in an acceptable fashion consistent with the provisions of this Article. In the event that the Borough Engineer determines that the excavation, construction or restoration and refilling has not been performed consistent with the requirements of this Article, he shall be entitled, after reasonable notice to the applicant, to correct such deficiencies, to take the performance bond, surety bond or cash posted by the applicant and utilize them to correct any deficiencies, and have the area restored to its proper condition.
[1988 Code § 130-8]
The applicant shall fill in and resurface any excavated section and shall maintain the same in a condition similar to the surrounding surface area for a minimum period of one year. During this one-year period the performance bond shall remain in full force and effect. Upon certification of the Borough Engineer, by inspection made thereof, to the Board of Commissioners, the bond shall be cancelled by motion of the Board of Commissioners. If such inspection does not show the surface to have been substantially returned and maintained in its original condition and level, the Borough shall use the bond proceeds on notice of intent to do so by 10 days' registered mail or direct service notice from the Borough Engineer. The Borough may use the same for the proper leveling and surfacing of the section, returning any balance of the deposit or charging the applicant for any excess required to place the section in proper condition. If, during the ten-day period, the applicant corrects the condition and notifies the Borough Engineer, in writing, then the notice shall be conditioned as a new application subject to reinspection and maintenance for one year from date of correction notice.
[1988 Code § 130-9; amended 4-11-2024 by Ord. No. 10-2024]
a. 
Every application for construction, excavation or opening of a street under the control of the Borough shall be accompanied by a certificate of insurance demonstrating that the applicant possesses personal injury liability insurance in the amount of $500,000 and property damage liability insurance in the amount of $500,000. The insurance shall be maintained by the applicant during the period of construction or excavation and shall name the Borough of Cape May Point as an additional insured.
b. 
The applicant shall also agree, in writing, to indemnify and hold harmless the Borough, its agents, servants and employees from any damage or liability sustained by any person or property arising out of the negligence of the applicant or his agents, servants and employees during the course of any construction, excavation, restoration or refilling of any road or street under the control of the Borough. The agreement shall require the applicant, in the event that a claim is made against the Borough, its agents, services and employees arising out of the applicant's construction activities, to provide the Borough with a legal defense and to pay any and all attorney's fees or costs incurred by the Borough in connection with any claims, suit or litigation.
[1988 Code § 130-10]
a. 
No opening shall be made during the months of July and August. Work shall be performed between the hours of 7:00 a.m. and 7:00 p.m. In emergent situations, with a determination of an emergency being in the sole discretion of the Public Works Supervisor, these requirements may be waived under those terms and conditions to be set by the Public Works Supervisor.
b. 
When any work is done on a weekend by a contractor, the inspection shall be done by the Borough Engineer and must be paid for by the applicant at those rates to be set by the Borough.
c. 
Emergency Permit. In the event of an emergency, a permit may be issued by any member of the Borough Commission, as well as the Borough Construction Code Official, and the deposit made on the next business day.
[1988 Code § 130-11]
A public utility shall not directly or indirectly charge to or claim indemnity from any other party, such as its customers, for the application, deposit and proper repair and maintenance of any excavated area.
[1988 Code § 130-12]
Any person injured by an official action under this Article may file an appeal with the Board of Commissioners within 10 days from the date of the rendering, service or mailing of the appealed ruling. Any notice may be by ordinary mail to the address set forth in the application unless otherwise ordered hereunder. An appeal shall specify the grounds for the same and the relief sought, and all records of the Borough Engineer shall be deposited with the Board of Commissioners not less than 10 days nor more than 20 days from the date of filing the appeal. 10 days' notice shall be given by the Borough to all parties in interest of the date of the hearing of the appeal.
[1988 Code § 130-13]
The vote of the majority of the Board of Commissioners shall control its action under this Article.
[1988 Code § 130-14]
a. 
Any person violating any provision of this Article shall be subject to the general penalty established in Chapter 1, Section 1-5 of this Code.
b. 
Any person violating the provisions of this Article shall not obtain a permit under this Article for a three-year period.
[Ord. No. 12-2018]
ANTICIPATED MUNICIPAL EXPENSES
Mean the cost of processing an application for a Right-of-Way Permit including, but not limited to, all professional fees such as engineer and attorney costs to the Borough.
CABINET
Shall mean a small box-like or rectangular structure used to facilitate utility or wireless service from within the Municipal Right-of-Way.
ELECTRIC DISTRIBUTION SYSTEM
Shall mean the part of the electric system, after the transmission system, that is dedicated to delivering electric energy to an end user.
EXISTING POLE
Shall mean a pole that is in lawful existence within the Municipal Right-of-Way.
GROUND LEVEL CABINETS
Shall mean a Cabinet that is not attached to an existing pole and is touching the ground.
MUNICIPAL RIGHT-OF-WAY
Shall mean the surface of, and the space above or below, any public street, road, lace, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough as an easement or in fee simply ownership. This term also includes rights-of-way held by the County of Cape May where the Borough's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
POLE
Shall mean a long, slender, rounded piece of wood or metal.
POLE MOUNTED ANTENNA
Shall mean 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.
POLE MOUNTED CABINET
Shall mean a Cabinet that is proposed to be placed on an Existing or Proposed Pole.
PROPOSED POLE
Shall mean a Pole that is proposed to be placed in the Municipal Right-of-Way.
RIGHT-OF-WAY AGREEMENT
Shall mean 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
Shall mean an approval from the Borough setting forth applicant's compliance with the requirements of this Chapter.
SURROUNDING STREETSCAPE
Shall mean Existing Poles within the same right-of-way which are located within 500 feet of the Proposed Pole.
BOROUGH COMMISSION
Shall mean the Borough Commission of the Borough of Cape May Point.
UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
Shall mean companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
UTILITY SERVICE
Shall mean electric, telephone, or cable service.
[Ord. No. 12-2018]
a. 
No person shall operate or place any type of Pole Mounted Antenna within the Municipal Right-of-Way without first entering into 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 15 (fifteen) years;
2. 
Reasonable insurance requirements;
3. 
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.
[Ord. No. 12-2018]
a. 
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 within 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.
[Ord. No. 12-2018]
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 height of Poles in the Surrounding Streetscape, whichever is higher.
2. 
Distance from the curb line. No pole shall be farther than 18 inches from the curb line.
3. 
Location, Safety and Aesthetics. No Pole shall be erected in the Right-of-Way unless it:
(a) 
Is replacing an Existing Pole; or
(b) 
Approved pursuant to a land development application by either the Borough's Zoning Board of Adjustment or Planning Board pursuant a land use application; or
(c) 
Located on the opposite side of the street from the Electric Distribution System; and
(d) 
Is located within the Municipal Right-of-Way located in the R-1 zone; and
(e) 
Is 200 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; and
(h) 
Allows adequate room for the public to pass and re-pass across the Right-of-Way; and
(i) 
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.
4. 
Poles are prohibited within the Municipal Right-of-Way located in the Public Grounds zone.
5. 
Any necessary equipment is permitted within a Pole where said Pole otherwise conforms with the standards set forth in Section 130-18 paragraph b.
c. 
Ground Level Cabinet Site Standards.
1. 
Ground Level Cabinets are prohibited in the Municipal Right-of-Way located in the R-1 and Public Grounds zones.
d. 
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
1. 
Pole Mounted Antennas are permitted on Existing Poles, 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; 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, 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; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
3. 
The Borough 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.
[Ord. No. 12-2018]
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 applicant's proposal.
b. 
The Borough Commissioners shall, by resolution, approve or disapprove every Right-of-Way Permit application based on the recommendations provided to it pursuant to paragraph e and f below.
c. 
All applications made under this section shall be expedited so as to comply with the shot clocks set forth in 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.
d. 
Every application for a proposed pole made pursuant to this Chapter must include a stamped survey prepared by a New Jersey licensed surveyor demonstrating that any Proposed Pole is located within the Municipal Right-of-Way. Any such application which does not include such a survey shall immediately be deemed incomplete.
e. 
Proposed Poles and Ground Level Cabinets.
1. 
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review applications for the placement of Proposed Poles and Ground Level Cabinets within the Municipal Right-of-Way and advise the Borough Commissioners of its recommendation to approve or disapprove same.
(a) 
If the Planning Board recommends a denial of an application, it shall set forth the factual basis for such a denial in writing.
f. 
Pole Mounted Antenna and Pole Mounted Cabinets.
1. 
The Borough Engineer shall review application to place Pole Mounted Antenna and Pole Mounted Cabinets within the Municipal Right-of-Way and advise the Borough Commission of his or her recommendation to approve or disapprove same.
(a) 
If the Borough Engineer recommends a denial of an application, he or she shall set forth the factual basis for such a denial in writing.
g. 
If the Borough Commission denies any application made under this Section, it shall do so in writing and set forth the factual basis therefor.
h. 
Waiver. The Borough Commissioners may waive any siting standard set forth in Section 130-18 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. No. 12-2018]
a. 
Every Right-of-Way Permit application must include a Right-of-Way Permit Fee in the following amounts:
1. 
One to five sites- $500.00
2. 
Each additional site- $100.00
b. 
Deposit Towards Anticipated Municipal Expenses.
1. 
In addition to the Right-of-Way Permit Fee, the Borough Engineer may, in his or her own discretion, require the posting of a two thousand dollar ($2,000.00) 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 Borough to perform its review, the Chief Financial Officer of the Borough 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 after a final decision has been made by the Borough Commission regarding his or her pending Right-of-Way Permit application, refund any unused balance from applicant's deposit towards Anticipated Municipal Expenses.
[Ord. No. 12-2018]
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.
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 Borough of Cape May Point or state statutes.
c. 
The Borough'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 Borough.