No structure shall hereafter be erected, structurally altered or moved nor shall any lands or the buildings thereon be used for any purpose except in conformity with all regulations hereinafter established for the zone in which said land or structure is located. Nor shall any open space or yard area established for the purpose of complying with the regulations of this chapter be reduced or encroached upon in any manner except as shall be specifically permitted in this chapter.
No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:
A.
An open and unscreened entrance porch leading to the basement, cellar or first floor not more than 10 feet in width may project not more than six feet not including steps into a required front yard area, provided the floor of said porch is within three feet of the adjoining ground level.
B.
An open and unroofed patio not more than three feet above ground level may extend into a required side or rear yard to within 10 feet of a side or rear property line. This restriction shall not apply to such patios if constructed at ground level.
C.
Ordinary projections of cornices, eaves, gutters, sills, chimneys, and ornamental features may project not more than 24 inches into any required yard area.
A.
Appurtenances attached to principal buildings. The height limitations of this chapter shall not apply to church spires, domes, and antennas attached to buildings, none of which are to be used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and the necessary mechanical appurtenances usually carried above the roof level.
Such features, however, shall not exceed in coverage 20% of the total roof area and shall not exceed a height such as is necessary to accomplish the purpose which they are intended to serve.
B.
Free-standing accessories. Water towers, noncommercial radio and television antennas and flag poles which are erected as free-standing accessories and which might normally exceed the height limitations established by this chapter may be erected to a height which can be demonstrated to the satisfaction of the Land Use Board as necessary to accomplish their intended function, except that in residential zones and on properties adjacent to residential zones, no such structure may be located nearer to any property line than a distance equal to its height above ground.
[Amended 2-25-2002 by Ord. No. 2002-08]
C.
No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or any other structure which extends above the height limitations established in this chapter.
Except as might be hereinafter specifically provided, there shall not be more than one principal building erected on any lot.
[Amended 9-26-2005 by Ord. No. 2005-24]
No principal building shall be erected upon a lot which does not provide an entrance to such principal building oriented to and facing a public street and which does not have frontage upon a public street improved to meet the requirements of the borough or for which such improvements have been guaranteed in accordance with requirements in the land subdivision and site plan regulations of the borough.
Any yard facing upon a public street shall be considered a front yard and shall conform to the minimum front yard requirements established for the zone in which the yard is located.
No front yard shall be used for the storage of equipment or vehicles other than automobiles, recreational vehicles, camping trailers, and boats, which are in operating condition and which are parked on an improved driveway.
[Amended 9-13-1992 by Ord. No. 1993-16]
A.
On any corner lot, nothing shall be erected, placed, printed or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets, within the triangular area formed by the two intersecting street lines bounding the lot, and by a line connecting points on each street line located 25 feet from the intersection of the street lines.
B.
Removal of trees and shrubs; notice. In case any tree or shrub, or any part thereof, along the public highway or sidewalk shall become dangerous to the public safety, the owner of the property in front of which such tree or shrub shall be located shall remove the same, or the required part thereof, forthwith upon service of written directive to that effect from the Borough Council, or from the County of Monmouth in the case of a county right-of-way or highway. The notice shall be sufficient if served in the same manner as a summons may be served in accordance with the New Jersey Rules of Court.
C.
Removal by borough or county. If the owner fails to remove the tree or shrub or portion thereof within two weeks after service of written notice to do so, the work shall be performed by the borough under the supervision of the Superintendent of Roads, in the case of a county road, or under the supervision of the County Road Supervisor, who shall certify the cost thereof to the Borough Council.
D.
County named as officer of Neptune City. In accordance with Title 40:48-2.26 the County of Monmouth is hereby named an officer of the Borough of Neptune City empowered to carry out this section on all county roads and at all intersections with county roads.
[Amended 9-26-2005 by Ord. No. 2005-12]
No accessory structure, excluding fences and temporary buildings necessary for construction purposes, shall be erected prior to the completion of the principal building. Such temporary construction buildings may be erected only after the issuance of a building permit for the principal building and shall be removed within 30 days of the issuance of a certificate of occupancy, for the principal building; or in the case of a major subdivision, within 30 days of the issuance of a certificate of occupancy for the final home in the subdivision provided same does not violate the requirements of this chapter as to lots for which a certificate of occupancy has already been issued.
No accessory structure shall be permitted in front yards in any zones.
[Repealed 4-14-2014 by Ord. No. 2014-5]
Existing natural features such as streams, lakes, ponds, trees and the natural configuration of the ground shall be retained wherever possible. If it can be demonstrated to the satisfaction of the reviewing board that such features will substantially interfere with any reasonable proposed use of a property, such features may be altered only to the extent necessary to permit such use.
[Added 11-25-2002 by Ord. No. 2002-21A]
The following uses or activities are hereby prohibited in any zone unless specifically permitted by this or any other ordinance of the Borough of Neptune City:
A.
Junk yards.
B.
Manufacture of acetylene or ammonia.
C.
Manufacture or bulk storage of pyroxylin, plastic, explosives, fireworks or matches.
D.
Manufacture of acids.
E.
Manufacture of heavy chemicals.
F.
Refining of petroleum or the storage of petroleum products having a flash point of under 150° Fahrenheit, in excess of 300,000 gallons.
G.
The manufacture, batching or mixing of asphalt, asphalt products or bituminous concrete.
H.
Refining or manufacture of animal black, bone black or lamp black.
I.
Refining, manufacture or mixing of fertilizer or potash.
J.
Incinerators, garbage or refuse disposal dumps or landfills.
K.
Manufacture of disinfectants, insecticides or other poisons or toxic gases.
L.
Manufacture of dye.
M.
Rendering or refining of grease, fat or tallow.
N.
Manufacture of glue, size or gelatins, where the process includes the refining and recovery of products from fish, animal refuse or offal.
O.
Stock yards or the slaughtering or processing of animals, fish or poultry or parts thereof.
P.
Storage, cleaning, curing or tanning of rawhides or skins or the pulling of wool.
Q.
Coke ovens or manufacture of derivatives of coke.
R.
Manufacture or production of metals or alloys in ingot form.
S.
Crematoriums.
T.
Manufacture of rubber or rubber products.
U.
Manufacture of plastic or cork or their constituents.
V.
Manufacture of paints, oils and varnishes.
W.
Manufacture of soaps or detergents.
X.
Manufacture or repair of boilers, tank or pipe.
Y.
Firearm target ranges, skeet or trap ranges or any places where firearms are discharged for practice or competitive purposes.
Z.
Rooming or boarding houses.
BB.
Regional schools of which Neptune City is not a member and schools of other municipalities.
CC.
Any use of land or building or any activity which will adversely affect or impair the lawful use of and peaceful enjoyment of any other lands or buildings.
DD.
Landing of aircraft or landing areas for aircraft in any zone.
EE.
Without limitation, the building, rental, sale or use of any and all buildings and/or accessory buildings including any residential, commercial or industrial structure and uses relating directly or indirectly to the sale and use in any manner whatsoever of paraphernalia associated with the use of controlled dangerous substances and/or drug related cultures or activity including without limitation the prohibition of shops commonly known as "head shops", etc.
FF.
[Repealed 6-22-1998 by Ord. No. 1998-17]
GG.
Body art establishments, except in the (I) Industrial Zone as defined in Article IV of the Code of the Borough of Neptune City.
HH.
Cannabis.
[Added 5-10-2021 by Ord. No. 2021-04; amended 7-25-2022 by Ord. No. 2022-10]
(1)
Class 1 - Licensed Cannabis Cultivator.
(2)
Class 2 - Licensed Cannabis Manufacturer.
(3)
Class 3 - Licensed Cannabis Wholesaler.
(4)
Class 4 - Licensed Cannabis Distributor.
(5)
Class 6 - Licensed Cannabis Delivery Service.
(6)
Cannabis Consumption Areas associated with Class 5 Cannabis Retailer licenses.
No topsoil shall be removed from any premises in any zone.
No subsoil, sand or gravel shall be removed from any premises in any zone except that:
A.
The Construction Official[1] may issue a permit for the removal of subsoil from excavations for building foundations or other structures, provided that the total amount to be removed from the lot does not exceed 500 cubic yards or the Borough Engineer has approved the removal for appropriate engineering reasons and so notifies the Construction Official in writing.
[1]
Editor's Note: The title of Building Inspector has been changed to Construction Official to comply with the Uniform Building Code.
[Added 9-23-2002 by Ord. No. 2002-16]
A.
Purpose. The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in appropriate locations;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of tower sites as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting landscape screening and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(8)
Consider the public health and safety of communication towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Borough of Neptune City shall give due consideration to the borough master plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B.
Antennas and towers permitted on borough property. Wireless communications towers and antennas which are located on borough property and which are approved by Borough Council, shall be deemed to be permitted as a municipal facility in any zone district. The borough shall consider the criteria set forth in Section 139-29D prior to approving the location of a tower on borough property.
C.
Antennas and towers which are not municipal facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not borough property in accordance with the standards, regulations and requirements set forth in Section 139-29D, wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property, in those zones where public utilities are permitted as a principal use or as a conditional use.
D.
Wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property.
Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not owned, leased or otherwise controlled by the Borough of Neptune City, in accordance with the minimum standards of the zone district and the standards, regulations and requirements set forth in this section, in those zones where public utilities are permitted as a principal or conditional use. Site plan approval shall be required prior to the installation of wireless telecommunication towers, antennas and transmission facilities on non-borough owned property.
(1)
General. Wireless telecommunication towers, antennas and transmission facilities shall only be permitted on non-borough property where the municipal approving authority has determined the following:
(a)
There is substantial evidence that there is a significant gap in the telecommunications grid within the borough which the proposed facility will correct;
(b)
There is no borough property available or no wireless telecommunications towers, antennas or transmission facilities available where the proposed facility could locate or co-locate that would correct the telecommunications gap;
(c)
There are no existing structures, facilities or wireless telecommunications towers, antennas or transmission facilities available on which the proposed facility is located and that the different use of an existing structure on the same lot does not preclude the installation of an antenna or tower;
(d)
There is no residential use, school use or healthcare use on the lot on which the facility is located and that the different use of an existing structure on the same lot does not preclude the installation of an antenna tower;
(e)
The application for the proposed facility is the joint application of two or more wireless communications carriers licensed to provide service within the area and the application provides for the co-location of two or more carriers at the site. In the alternative, if the application is an individual application, it must include a binding statement that approval will be subject to the application making all open space on the tower available to all other potential users at a price equal to the fair market value of the space used.
(f)
The dimensions of the entire lot on which the facility is located are used for the purpose of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot;
(g)
A plan is submitted for the periodic testing of the facility to ensure ongoing compliance with applicable federal and/or state standards. The plan is subject to the review and approval of the municipal approving authority; and
(h)
The applicant must provide within 60 days, or such longer time if permitted by FCC regulations, of the commencement of operation of a tower or antenna, a certification of compliance of FCC standards of radio frequency emission exposure to the public in an uncontrolled environment.
(2)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the borough as part of the application, an inventory of all existing towers, antennas and sites approved for towers or antennas that are within the jurisdiction of the borough and within an area outside the jurisdiction of the borough where the applicant could locate its equipment to provide continuity of coverage. Specific information shall be provided about the location, height and design of each tower, antenna and site. The borough may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the borough, provided, however, that the borough is not, by sharing information, in any way representing or warranting that such sites are available or suitable.
(3)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall maintain a finish or be painted a color approved by the municipal agency, so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA;
(b)
At a tower site, the design of a building and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings;
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4)
Lighting. Towers shall be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to surrounding views.
(5)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(6)
Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it has been maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, the American National Standards Institute as well as the New Jersey BOCA Code, as amended from time to time. If, upon inspection, the borough concludes that a tower fails to comply with such standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days to bring such tower into compliance shall constitute grounds for the removal of the tower or antenna at the owner's expense. All tower components including, but not limited to, transmitters and receivers shall comply with FCC and New Jersey Department of Environmental Protection standards for frequency and power and they shall be continually compliant as those standards are amended from time to time.
(7)
Measurement. For purpose of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the borough irrespective of municipal and county jurisdictional boundaries.
(8)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the borough has been obtained from all applicable federal or state agencies and shall file a copy of all required franchises with the borough.
(9)
Signs. No signs shall be allowed on an antenna or tower.
(10)
Maximum height. The tower shall meet the following maximum height and usage criteria:
(a)
For three users, up to 100 feet.
(b)
For four or more users, over 100 feet.
(c)
Tower height shall be based on technical requirements for reception.
A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
(11)
Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land use and zoning, adjacent land uses and zoning (including when adjacent to other municipalities).
(b)
Legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color, and if applicable, the method of camouflage and illumination.
(g)
A statement of compliance with all applicable federal, state, or local laws.
(h)
A statement by the applicant as to the number of users construction of the tower will accommodate for co-location.
(i)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular or personal communication service sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(k)
A description of the feasible location(s) of future towers or antennas within the borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(12)
Factors considered in granting approval of towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider the following factors in determining whether to issue an approval:
(a)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures;
(b)
Height of the proposed tower;
(c)
Proximity of the tower to residential structures and residential district boundaries;
(d)
Nature of uses on adjacent and nearby properties;
(e)
Surrounding topography;
(f)
Surrounding tree coverage and foliage;
(g)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(h)
Proposed ingress and egress;
(i)
Number of users committed to use of the tower.
(13)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna or that no emerging technology exists that would overcome the gap in the applicant's telecommunications system may consist of the following:
(a)
No existing towers or structures are located within the geographic area which meets applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs not exceeding new tower development are presumed to be reasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(14)
Minimum required setback. The following minimum setback requirements shall apply to all towers for which site plan approval is required:
(a)
In nonresidential zones, towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(b)
In residential zones, towers must be set back a distance equal to at least 200% of the height of the tower from any adjoining lot line but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(c)
Guys and accessory buildings and structures must satisfy the minimum zoning district setback and buffer requirements.
(15)
Minimum separation requirements between uses. The following separation requirements shall apply to all towers and antennas for which approval is required under this section:
(a)
Separation from off-site uses/designated area.
i
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in paragraph (b) below, except as otherwise provided.
ii
Towers shall maintain a separation distance of 200 feet or 200% of the tower height, whichever is greater, from a residential property line.
(b)
Separation distances between towers. No tower shall be permitted any closer to an existing tower than five times the height of the proposed tower.
(16)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device, provided however, that the municipal agency may waive or modify such requirements, as it deems appropriate.
(17)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required, provided however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Trees and natural growth may serve as buffer.
(18)
Conditions and alternative tower structure. In approving the tower, the municipal agency may impose conditions including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties or the neighborhood in which it is located.
(19)
Buildings and other equipment storage.
(a)
Antennas mounted on structures or rooftops. Antennas mounted on buildings or existing elevated structures shall not extend more than 30 feet above the highest point of the building's roof or above the highest point of the structure. The equipment cabinet or structure used in association with antennas shall comply with the following:
i
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
ii
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
iii
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(20)
Antennas located on towers, utility poles or light poles. Antennas shall not be located on towers, utility poles or light poles within a borough street or right-of-way unless such facilities are approved by the Borough Council. Antennas proposed on towers, utility poles or light poles within a street or right-of-way not owned by the borough, shall require approval as a conditional use. The related unmanned cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located shall be screened from view of all residential properties.
(21)
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice for the Borough of Neptune City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna by the borough at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
[Amended in its entirety 3-25-2024 by Ord. No. 2024-02. Prior history includes Ord. No. 06-02; Ord. No. 08-10; Ord. No. 2020-11.]
[Added 3-25-2024 by Ord. No. 2024-02]
A.
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
C.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued pursuant to Section 139-30 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of Section 139-30 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2)
Section 139-30 is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of Section 139-30 imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
[Added 3-25-2024 by Ord. No. 2024-02]
For the purpose of Section 139-30, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of Section 139-30 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in Section 139-30 shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
[Added 3-25-2024 by Ord. No. 2024-02]
This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
[Added 3-25-2024 by Ord. No. 2024-02]
A.
Site design features identified under Section 139-30.3 above, or alternative designs in accordance with Section 139-30.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Section 139-30.4A(2) below.
(1)
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle-safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(2)
The standard in Section 139-30.4A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in the existing curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified in the last amended Stormwater Management Rules at N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
[2]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Added 3-25-2024 by Ord. No. 2024-02]
A.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
B.
Safety ledge illustration.
Elevation View - Basin Safety Ledge Configuration  |
[Added 3-25-2024 by Ord. No. 2024-02]
A.
B.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in Section 139-30.
C.
Submission of site development stormwater plan. The following information shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Section 139-30.3 is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Section 139-30.3.
(b)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 139-30.7.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under Section 139-30 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section 139-30.6C(1) through (6) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 3-25-2024 by Ord. No. 2024-02]
B.
General maintenance.
(1)
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(2)
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(3)
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 3-25-2024 by Ord. No. 2024-02]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of Section 139-30 shall be subject to the penalties as specified in Article III of Chapter 1, General Provisions, of the Code of the Borough of Neptune City, entitled "Violations and Penalties."
[Added 3-25-2024 by Ord. No. 2024-02]
Each section, subsection, sentence, clause and phrase of Section 139-30 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of Section 139-30 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of Section 139-30.
[Added 3-25-2024 by Ord. No. 2024-02]
Section 139-30 shall be in full force and effect from and after its adoption and any publication as required by law.
[Added 5-27-2025 by Ord. No. 2025-07]
A. ADMINISTRATIVE REVIEW ANTICIPATED MUNICIPAL EXPENSES BOROUGH COUNCIL CABINET ELECTRIC DISTRIBUTION SYSTEM EXISTING POLE GROUND LEVEL CABINETS MUNICIPAL RIGHT-OF-WAY (the R.O.W. or Public R.O.W.) POLE POLE MOUNTED ANTENNA POLE MOUNTED CABINET PROPOSED POLE REPLACE or REPLACEMENT RIGHT-OF-WAY AGREEMENT RIGHT-OF-WAY PERMIT SMALL WIRELESS FACILITY SMART POLE SURROUNDING STREETSCAPE TOWER UTILITIES UTILITY SERVICE WIRELESS FACILITY
Definitions.
Ministerial review of an application by the Designee and Borough Engineer, as preferred by the Borough, to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter.
Means 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.
Shall mean the Borough Council of the Borough of Neptune City.
Shall mean a small box-like or rectangular structure used to facilitate utility or wireless service from within the Municipal Right-of-Way.
Shall mean the part of the electric system after the transmission system that is dedicated to delivering electric energy to an end user.
Shall mean a pole that is in lawful existence within the Municipal Right-of-Way.
Shall mean a Cabinet that is not attached to an existing pole and is touching the ground.
Shall mean 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 Borough as an easement or in fee simple ownership. This term includes rights-of-way held by Monmouth County where the Borough's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
"Pole" means a legally constructed pole, such as a utility, lighting or similar pole made of wood, metal or other material as determined by the Borough, located or to be located within the Public Right-of-Way. A Pole does not include a Support Structure.
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.
Shall mean a Cabinet that is proposed to be placed on an Existing or Proposed Pole.
Shall mean a Pole that is proposed to be placed in the Municipal Right-of-Way.
Shall mean, in connection with an existing Pole or Support Structure, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this chapter and any other applicable regulations to address limitations of the existing structure to structurally support Collocation of a Communications Facility.
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.
Shall mean an approval from the Borough setting forth the Utility's compliance with the requirements of this chapter.
Shall mean a Wireless Facility that meets both of the following qualifications: (i) each Antenna could fit within an enclosure of not more than three cubic feet in volume; and (ii) all other wireless equipment associated with the Antenna, including the preexisting equipment, is cumulatively no more than 28 cubic feet in volume.
Shall mean a Decorative Pole that conceals, disguises or camouflages one or more Small Wireless Facility installation(s) and may include other features such as street lighting, 911 call service access, public access Wi-Fi and surveillance cameras. A Smart Pole must allow for at least three occupants and allow space for Borough use for other services and/or equipment. Smart Poles shall neither have protruding latches, external hinges, nor external cabling. The pole must be made of an inherently rust-resistant material (i.e., aluminum alloys or stainless steel). The design of the smart pole is within the exclusive discretion of the Borough.
Shall mean Existing Poles within the same right-of-way which are located within 500 feet of the Proposed Pole.
Any structure in the public right-of-way built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or support structure.
Shall mean companies subject to regulation by the New Jersey Board of Public Utilities.
Shall mean electric, telephone, or cable service.
Shall mean the equipment at a fixed location or locations in the Public R.O.W. that enables Wireless Services. The term does not include: (i) the Support Structure, Tower or Pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic or other cabling that is between Communications Facilities or Poles or that is otherwise not immediately adjacent to or directly associated with a particular Antenna. A Small Wireless Facility is one type of a Wireless Facility. Throughout this section, the terms "Communications Facility," "Wireless Facility" and "Small Wireless Facility" may be used interchangeably and shall be taken to refer to the same thing unless the context clearly indicates otherwise.
B.
Access to public right-of-way. Prior to obtaining a permit and installing in the Public R.O.W. any Communications Facility, or any Pole built for the sole or primary purpose of supporting a Communications Facility, a Utility Person shall enter into a Right-of-Way Use Agreement with the expressly authorizing use of the Public Right-of-Way for the Communications Facility or Pole proposed to be installed.
(1)
The term of the R.O.W. Use Agreement shall not exceed 15 years.
(2)
The R.O.W. Use Agreement authorizes the Utility's non-exclusive use of the Public R.O.W. for the sole purpose of installing, maintaining and operating Small Wireless Facilities, including any Pole built for the sole or primary purpose of supporting the Communications Facilities and providing the services expressly authorized in the agreement subject to Applicable Codes and applicable laws, this chapter and the terms and conditions of the agreement. The agreement authorizes use only of the public R.O.W. in which the Borough has an actual interest. It is not a warranty of title or interest in any Public R.O.W. and it does not confer on the Utility any interest in any particular location within the Public R.O.W. No other right or authority is granted except as expressly set forth in the R.O.W. License Agreement. Nothing herein shall authorize the use of the Borough's Poles or Support Structures, in the Public R.O.W, without express approval from the Borough. All use of the Borough's Poles or Support Structures in the Public R.O.W. shall require a separate agreement and the payment of separate fees for such use.
(3)
The Utility shall, at its sole cost and expense, keep and maintain its Communications Facilities, Poles, and Support Structures in the Public R.O.W. in a safe condition, and in good order and repair.
(4)
The Utility shall provide insurance and indemnification of the Borough as described in the R.O.W. Use Agreement. The insurance coverage limits must be at least as broad as follows:
(a)
Insurance. The Utility shall at all times maintain a commercial general liability insurance policy with a single amount of at least $1,000,000 per occurrence and in the aggregate covering liability for any death, personal injury, property damage or other liability arising out of the construction and operation contemplated herein, and an excess liability policy (or "umbrella" policy) in the amount of $5,000,000 per occurrence and in the aggregate. The Utility may use any combination of primary and excess insurance to meet the total limits required. Such coverage shall be primary, non-contributory and shall contain a waiver of subrogation. Evidence of same shall be provided prior to the commencement of any work of any kind by the Utility. Prior to the commencement of any work pursuant to this section the Utility shall file with the Borough a Certificate(s) of Insurance with any required endorsements evidencing the coverage provided by said liability and excess liability policies. The Borough shall notify Utility within 15 days after the receipt of any claim or demand to the Borough, either by suit or otherwise, made against the Borough on account of any of Utility or its sub-contractors, agents, employees, officers, servants, designees, guests and invitees, activities pursuant to the rights granted in this section. Utility shall notify the Designee within 15 days of receipt of any claim or demand of Utility or its subcontractors, agents, employees, officer, servants, designees, guests, or invitees by any aggrieved party for any work or action made pursuant to this section. The Borough shall be named as an additional insured. Utility shall provide Borough with renewal insurance.
(b)
Indemnification. Utility, its successors, assigns, contractors, sub-contractors, agents, servants, officers, professionals, employees, designees, guests and invitees, hereby indemnify, defend and hold harmless the Borough, its successors and assigns, elected officials, officers, employees, servants, contractors, designees and invitees from and against any and all personal injury and property damage claims, demands, suits, actions at law or equity or otherwise, or related judgments, arbitration determinations, damages, liabilities, decrees of any person(s) or entities claiming to be or being harmed as a result of Utility's actions under this section and costs in connection therewith except to the extent that such claims, demands, suits, or actions are the result of the negligence or willful misconduct of the County, its successors, assigns, elected officials, officers, employees, servants, contractors, designees or invitees. This indemnification shall specifically include, but not be limited to, any and all costs, reasonable attorneys' fees, court costs and any other expenses that may be incurred by the Borough in connection with any and all claims, demands, suits, actions at law or equity or otherwise and/or arbitration proceedings which may arise in connection with Utility's activities pursuant to the rights granted in this section. This indemnification shall also specifically include that the Borough retains the right to choose its own defense counsel regarding any action at law or equity pursuant to this section.
C.
Right-of-way permit.
(1)
Pre-Application Meetings. Prior to making a formal application and after entering into the R.O.W. Agreement pursuant to Section 139-31B with the Borough for use of the Municipal Right-of-Way, all utilities must meet with the Zoning Officer to review the scope of the Utility's proposal. Following said meeting, the Zoning Officer may require the Utility to present the plan to the Borough Planning Board.
(2)
Prior to approval of any application, the Borough may in its discretion require the Utility to hold a public meeting or open house and provide notice of same by regular mail to all property owners identified by the Borough Engineer as requiring notice.
(3)
No person may construct, maintain, or perform any other work in the Public R.O.W. related to Communications Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities without first receiving a Permit to the extent required under this chapter, and any subsequent permits or authorizations required by applicable Laws or the Borough.
(4)
The Utility shall not locate or maintain its Communications Facilities, Small Wireless Facilities, Support Structure or Poles to unreasonably interfere with the use of the Public R.O.W. by the Borough, by the general public or by other persons authorized to use or be present in or upon the Public R.O.W.
(5)
The permitting process set forth herein may be revised, supplemented, or otherwise amended or replaced by resolution or amendment to this section of Borough Council at any time regardless of a pending permit application.
(6)
No application for a Small Wireless Facility siting permit shall be approved if the application proposes the deployment of a Small Wireless Facility in an area other than those specific locations set forth within the Borough's Wireless Siting Plan formulated and regularly reexamined by the Borough Engineer.
D.
Location and siting.
(1)
No Pole, Antenna or Cabinet shall be installed within the Municipal Right-of-Way without the issuance of a Right-of-Way Permit.
(2)
Height. No Pole shall be taller than 35 feet or 110% of the height of Poles in the Surrounding Streetscape, whichever is higher. Total height includes any antenna or other attachment to the pole.
(3)
Distance from the curb line. No pole shall be farther than 18 inches from the curb line.
(4)
Use of Existing Poles.
(a)
A Utility applying for a permit to use the Borough Right-of-Way to install facilities as defined within this section must first provide to the Borough a complete list or inventory of existing poles within the Borough that the carrier will or may use to install such facilities.
(b)
Such inventory shall be viewed and inspected by the Borough within 30 days of receipt and the carrier shall be notified as to whether the designated poles are satisfactory. If any poles are rejected, the Borough shall notify the carrier of the pole(s) rejected and reasons for such rejection.
(c)
Once the final list of agreed-upon poles is complete, the list shall be submitted to Borough Council for approval by Resolution.
(d)
Such approval shall be valid for five years from the date of approval. During that period, the carrier may, at any time, make use of the pre-approved poles by filing an application for a permit with the Zoning Officer. The Zoning Officer shall issue a Permit with any other necessary permits to follow in due course.
(5)
Use of new or replacement poles. Once a Utility concludes, with the Borough's consent, that an existing pole or poles cannot be utilized to install facilities under this chapter, the Utility may propose use of a replacement or additional pole within the Right-of-Way.
(6)
Location, Safety and Aesthetics. No new pole shall be erected in the Right-of-Way unless it:
(a)
Is replacing an Existing Pole;
(b)
Has been reviewed by the Borough's Planning Board;
(c)
At the option of the Borough, is a Smart Pole, the design of which shall be subject to administrative review and approval by the Borough;
(d)
Is located within the Municipal Right-of-Way;
(e)
Is at least 1,500 linear feet from any other Existing Pole or Proposed Pole, which is used to support a Small Wireless Facility;
(f)
Does not inhibit any existing sight triangles;
(g)
Allows adequate room for the public to pass and re-pass across the Right-of-Way;
(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.
(7)
Each Smart Pole must accommodate at least three carriers per Small Wireless Facility deployment.
(8)
Any claim by a Utility of technical incompatibility, inability to use existing structure, or inability to collocate needs to be proven by the Utility, not disproved by Borough. Validity of said claims by the Utility is reserved within the sole discretion of Borough.
(9)
The Borough may require that any new poles installed by the Utility be Smart Poles.
(10)
Pole Mounted Cabinets are permitted on Existing Poles, provided that each Cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance with the best available stealth technology methods, to blend in compatibly with its background and 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.
(11)
Pole Mounted Antennas are permitted on Existing Poles, provided that each Pole Mounted Antenna:
(a)
Does not exceed three cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance with the best available stealth technology methods, to blend in compatibly with its background and 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.
(12)
The Utility must provide a certification from a licensed structural engineer attesting to the structural integrity of any Pole Mounted Antenna or Pole Mounted Cabinet.
(13)
All wireless equipment associated with the Pole, including the wireless equipment associated with the antenna and any preexisting associated equipment shall not be more than 16 cubic feet in volume.
(14)
The Utility shall upon completion of construction provide the Borough with as-built drawings and a map showing the location of the facility and equipment.
(15)
Fewest Possible New Poles. The Utility shall use existing Poles, when possible, for the placement of its Small Wireless Facilities and shall minimize the number of new proposed Poles in the right-of-way to the fewest possible to meet the coverage and capacity requirements.
E.
Restoration requirements, removal, relocation, and abandonment.
(1)
The Utility, or its agent or contractor, shall restore, repair and/or replace any portion of the Public R.O.W. that is damaged or disturbed by the Utility's Communications Facilities, Poles, or work in or adjacent to the Public R.O.W.
(2)
If the Utility fails to timely restore, repair, or replace the Public R.O.W. as required in this subsection, the Borough or its contractor may do so and the Utility shall pay the Borough's costs and expenses in completing the restoration, repair or replacement.
(3)
Within 90 days following written notice from the Borough, the Utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its Communications Facilities, Poles or Support Structures within the Public R.O.W., including relocation of above-ground Communications Facilities underground (consistent with the provisions of this chapter), whenever the Borough has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any Borough improvement, the operations of the Borough in, under or upon the Public R.O.W., or otherwise is in the public interest. The Utility shall be responsible to the Borough for any damages or penalties it may incur because of the Utility's failure to remove or relocate Communications Facilities, Poles or Support Structures as required in this subsection. If removal or relocation is requested by the Borough, the Borough will work in good faith to identify a suitable alternative site and such removal or relocation shall not require an additional permit.
(4)
The Borough retains the right and privilege to cut or move any Communications Facility, Pole or, Support Structure located within the Public R.O.W. of the Borough, as the Borough may determine, in its sole discretion, to be necessary, appropriate, or useful in response to any public emergency. If circumstances permit, the Borough shall notify the Utility and give the Utility an opportunity to move its own facilities prior to cutting or removing the Communications Facility, Pole or Support Structure. In all cases, the Borough shall notify the Utility after cutting or removing the Communications Facility, Pole, or Support Structure as promptly as reasonably possible. Emergency response shall be coordinated between the Borough and Utility to the extent practicable under the circumstances.
(5)
A Utility shall notify the Borough of abandonment of any Communications Facility, Pole Support, or Structure at the time the decision to abandon is made; however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the Utility shall remove its Communications Facility, Pole, or Support Structure at the Utility's own expense, unless the Borough determines, in its sole discretion, that the Communications Facility, Pole or Support Structure may be abandoned in place. The Utility shall remain solely responsible and liable for all of its Communications Facilities, Poles, and Support Structures until they are removed from the Public R.O.W. unless the Borough agrees in writing to take ownership of the abandoned Communications Facilities, Poles, or Support Structures. The Utility shall remain liable for annual R.O.W. occupancy fee for balance of term.
(6)
If the Utility fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its Communications Facilities, Poles or Support Structures or remove any of its abandoned Communications Facilities, Poles or Support Structures as required in this subsection, the Borough or its contractor may do so and the Utility shall pay all costs and expenses related to such work, including any delay damages or other damages the Borough incurs arising from the delay.
F.
Fees, charges, and applications.
(1)
Every Right-of-Way Permit application must include a Right-of-Way Permit Fee in the following amounts:
(a)
For applications that do not include the installation of any new structures within a Public Right-of-Way, the application fee shall be $500 for up to five Communications Facilities with an additional $100 for each Communications Facility beyond five.
(b)
For applications that include the installation of a new structure within a Public Right-of-Way, the application shall be $1,000 for up to five Communications Facilities with an additional $100 for each Communications Facility beyond five.
(c)
In addition to the Right-of-Way Permit Fee, the Zoning Officer may, in his or her own discretion, require the posting of a $2,500 Deposit towards Anticipated Municipal Expenses related to an application made pursuant to this chapter. The Utility's Deposit towards Anticipated Municipal Expenses shall be placed in an escrow account.
(d)
The Deposit shall be held in escrow to be billed against actual incurred costs. Any expenses above the escrow shall be invoiced to the Utility directly and shall be paid by the Utility prior to the issuance of any Permit.
(e)
The Chief Financial Officer shall, upon request by the Utility 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 the Utility's Deposit towards Anticipated Municipal Expenses.
(f)
The Annual R.O.W. Occupancy Rate shall be $350 per year per Small Wireless Facility and shall be paid within 30 days of the issuance of the applicable Permit and annually thereafter, with payment being due on the anniversary of the first payment date for the balance of the Term. However, under no circumstances shall the Rate be remitted later than 90 days after the full execution of the applicable Right-of-Way Use Agreement between Borough and the Utility.
(g)
Other fees. The Utility shall be subject to any other generally applicable fees of the Borough or other government body, such as those required for electrical permits, building permits, or street opening permits, which the Utility shall pay as required in the applicable Laws, as well as attachment fees for the use of the Borough-owned Poles, Support Structures, ducts, conduits or other structures in the Public R.O.W., as set forth in attachment agreements authorizing such use.
(2)
Permit required. Unless expressly authorized in this chapter or in writing by the Borough, no Person may construct, install, modify, expand, alter or maintain in the Public R.O.W. any Communications Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities, including the installation or Collocation of Communications Facilities on existing Poles, Support Structures or other structures within the Public R.O.W. without first receiving a Permit. Notwithstanding the foregoing, in the event of an emergency, a Utility or its duly authorized representative may work in the Public R.O.W. prior to obtaining a Permit, provided that the Utility shall attempt to contact the Borough prior to commencing the work and shall apply for a Permit as soon as reasonably possible, but not later than 24 hours, after commencing the emergency work. For purposes of this subsection, an "Emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.
(3)
All applications made under this section shall be expedited 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.
(4)
The Application shall be made by the Utility or its representative and shall contain the following:
(a)
A description of the proposed work and the purposes and intent of the proposed Communications Facility, Pole, Support Structure or Small Wireless Facility (as applicable) sufficient to demonstrate compliance with this section.
(b)
If applicable, a copy of the authorization for use of the property from the Pole or Support Structure owner on or in which the Communications Facility will be placed or attached.
(c)
Detailed construction drawings of the proposed Communications Facility, Pole, Support Structure or Small Wireless Facility (as applicable). Construction drawings shall include, at minimum, a clear delineation of the right-of-way, distance of the proposed Communications Facility, Pole or Support Structure from certain existing right-of-way features such as curb ramps for handicap accessibility pursuant to the Americans with Disabilities Act, sidewalk width and other details standard for these types of telecommunications installations in the public right-of-way.
(d)
Prior to installation of Communications Facility, including but not limited to Collocation on a Pole or Support Structure, a structural report performed by a duly licensed engineer evidencing that the Pole or Support Structure will structurally support the Communications Facility in accordance with Applicable Codes.
(e)
For any new aboveground facilities, accurate visual depictions or representations.
(f)
The Utility shall certify that they shall market the availability of approved facilities to all major wireless carriers in the marketplace. The Utility shall further certify that they will encourage, manage, and coordinate the location and placement of any interested carrier's equipment on the structure.
(g)
The application and permitting processes set forth herein may be revised, supplemented, or otherwise amended or replaced by resolution of the Borough.
(5)
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 such 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.
(6)
Material Changes. Unless otherwise agreed to in writing by the Borough, any material changes to an Application, as determined by the Borough in its sole discretion, shall be considered a new application for purposes of the time limits set forth in this chapter, unless otherwise provided by application Laws.
(7)
Duration. Any Permit for construction issued under this chapter shall be valid for a period of 365 days after issuance, provided that the period may be extended for up to an additional 180 days upon written request for the Utility (made prior to the end of the initial 365-day period) if the failure to complete construction is because of circumstances beyond the reasonable control of the Utility.
(8)
Batch permit. A Utility may simultaneously submit no more than five Applications for Communications Facilities, or may file a single, consolidated Application covering such Communications Facilities, provided that the proposed Communications Facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Borough. If the Utility files a consolidated application, the Utility shall pay the application fee calculated as though each Communications Facility were a separate Application.
(9)
Ordinary maintenance and repair. A Permit shall not be required for Ordinary Maintenance and Repair. The Utility or other Person performing the Ordinary Maintenance and Repair shall obtain any other permits required by applicable laws and shall notify the Borough in writing at least 48 hours before performing the Ordinary Maintenance and Repair. Notwithstanding the foregoing, the Borough reserves the right to inspect the Utility's Small Wireless Facilities at any time to determine if the existing configuration matches the configuration contained in the most recently issued Permit, and the applicable Right-of-Way Use Agreement. The Utility shall bear costs for said inspections.
(10)
If it is determined that an existing Small Wireless Facility is found to be larger than the dimensions specified in the most recently issued applicable Permit, then the Utility shall be in violation of this chapter. The Utility shall receive notice from the Borough and, upon receipt of such notice, be required to restore the site within 10 days to the configuration of the most recently approved Permit or retroactively apply for Administrative Approval for the unapproved modifications.
G.
Third party review, preexisting sites and municipal agreements.
(1)
Telecommunications carriers use various methodologies and analysis tools, including geographically based software, to determine the specific technical parameters of facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the Utility. The Borough may require such a technical review to be paid for by the Utility for a telecommunications facility.
(2)
The selection of the third-party expert may be by mutual agreement between the Utility and the Borough or at the discretion of the Borough, with a provision for the Utility and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the facilities and not a subjective review of the site selection.
(3)
Based on the results of the third-party review, the Borough may require changes to the application for the facility that comply with the recommendation of the expert.
(4)
Any Communications Facilities in the Public Rights-of-Way existing at the time of the adoption of this section, whether a Right-of-Way Use Agreement exists or is in force and effect regarding same, shall be required to comply with the provisions of this section.
(5)
Any Right-of-Way Use Agreements entered between the Borough and any Utility regarding Communications Facilities in the Public Rights-of-Way shall be required to conform to the provisions and standards of this section. To the extent the provisions of any existing such agreement conflict with this section, said provisions, at the discretion of the Borough, shall be replaced and superseded by the applicable terms of this section.