[8-4-2020 by Ord. No.
2020-25[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
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 Town.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, lane, path, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Town as an easement or in
fee simple ownership. This term also includes any other area that
is determined by the Town to be a right-of-way in which the Town may
allow the installation of poles, cabinets and antennas, as well as
rights-of-way held by the County of Hudson where the Town's approval
is required for the use of same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded support structure constructed of
wood or metal located in the municipal right-of-way.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing pole
or proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Mayor and Council setting forth applicant's
compliance with the requirements of this chapter.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
All areas of the Town that are not Town residential zones,
including areas within the zoning jurisdiction of the New Jersey Sports
and Exposition Authority.
The R-1, R-3, R-4, R-5, R-6, R-7, and R-8 of the Town of
Kearny Zoning Regulations.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone or cable service.
A pole, cabinet, or pole-mounted antenna.
[8-4-2020 by Ord. No.
2020-25]
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 with the Town pursuant to the provisions of this chapter.
[8-4-2020 by Ord. No.
2020-25]
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
chapter and shall require right-of-way permits for the siting of poles,
antennas and cabinets in the municipal right-of-way.
[8-4-2020 by Ord. No.
2020-25]
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 proposed pole shall be taller than 35 feet or 110% of
the height of poles in the surrounding streetscape, whichever is higher.
2.
Distance from Curbline. No proposed pole shall be farther than 18
inches from the curbline.
3.
Location, Safety and Aesthetics. No proposed 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
Zoning Board of Adjustment or Planning Board pursuant to a land use
application; or
(c)
Located on the opposite side of the street from the electric distribution
system; and
(d)
For sites in the Town residential zones, there is a minimum of 200
linear feet from any other existing pole or proposed pole along the
same side of the street, or for sites in the Town nonresidential zones,
there is a minimum of 100 linear feet from any other existing pole
or proposed pole along the same side of the street; and
(e)
Is not located in an area with underground utilities; and
(f)
Does not inhibit any existing sight triangles or sight distances;
and
(g)
Allows adequate room for the public to pass and repass across, along
and through the right-of-way; and
(h)
Is finished and/or painted and/or 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.
c.
Ground-Level Cabinet Siting Standards.
1.
Ground-level cabinets are prohibited in the municipal right-of-way
in the Town residential zones and any future residential zones.
2.
Ground-level cabinets are permitted in the Town nonresidential zones
provided that such ground-level cabinet:
(a)
Is less than 28 cubic feet in volume;
(b)
Is finished and/or painted so as to blend in compatibly with its
background and so as to minimize its visual impact on surrounding
properties;
(c)
Does not inhibit any existing sight triangles or sight distance;
and
(d)
Allows adequate room for the public to pass and repass across, along
and through the municipal right-of-way.
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;
(b)
Is finished and/or painted and/or 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;
(c)
Does not inhibit any sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across, along
and through the municipal right-of-way.
2.
Pole-mounted cabinets are permitted on existing poles in all Town
residential zones and Town nonresidential zones provided that each
pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet;
(b)
Is finished and/or painted and/or 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;
(c)
Does not inhibit any sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across the
municipal right-of-way.
3.
The Town may also require that an applicant provide a certification
from a licensed professional engineer attesting to the structural
integrity of any pole-mounted antenna or pole-mounted cabinet.
[8-4-2020 by Ord. No.
2020-25]
a.
Preapplication Meeting. Prior to making a formal application with
the Town for use of the municipal right-of-way, all applicants are
advised to schedule a meeting with the Town Engineer to review the
scope of the applicant's proposal.
b.
The Mayor and Council may, by resolution, approve or disapprove every
right-of-way permit application based on the recommendations provided
to it pursuant to the provisions of this chapter.
c.
All applications made under this chapter shall comply with the timeline
set forth in the FCC Order entitled "Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment," WT
Docket No. 17-79; "Accelerating Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment," WC Docket No. 17-84.
d.
Every application made pursuant to this chapter must include a signed
and sealed survey prepared by a New Jersey Licensed Professional Land
Surveyor demonstrating that any proposed pole and/or proposed ground-level
cabinet is located within the municipal right-of-way. Any such application
which does not include such a survey shall immediately be deemed incomplete.
e.
New 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 new poles and ground-level cabinets
within the municipal right-of-way and advise the Mayor and Council
of its recommendation to approve or disapprove same.
(a)
If the Planning Board recommends the disapproval of a right-of-way
permit, it shall set forth the factual basis for such a disapproval
in writing.
f.
Pole-Mounted Antenna and Pole-Mounted Cabinets.
1.
The Town Engineer shall review applications to place pole-mounted
antenna and pole-mounted cabinets within the municipal right-of-way
and advise the Town Committee of his or her recommendation to approve
or disapprove same.
(a)
If the Town Engineer recommends the disapproval of a right-of-way
permit, he or she shall set forth the factual basis for such a disapproval
in writing.
g.
If the Town Committee denies any application for a right-of-way permit
under this chapter, it shall do so in writing and set forth the factual
basis for the denial.
h.
Waiver. Mayor and Council may waive any siting standard set forth
in this chapter where the applicant demonstrates that the 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);
2.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II);
3.
Will violate any requirement set forth in the FCC Order entitled
"Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless
Broadband Deployment by Removing Barriers to Infrastructure Investment,"
WC Docket No. 17-84; or
4.
Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide utility service to any prospective customer within
the Town.
[8-4-2020 by Ord. No.
2020-25]
b.
Deposit Towards Anticipated Municipal Expenses.
1.
In addition to the right-of-way permit fee, the Town Engineer may,
in his or her sole discretion, require the posting of up to $2,000
deposit towards anticipated municipal expenses related to an application
made pursuant to this chapter.
2.
Any applicant's deposit towards anticipated municipal expenses
shall be placed in an escrow account. If said deposit contains insufficient
funds to enable the Town to perform its review, the Town's Chief
Financial Officer of the Town shall provide applicant with a notice
of insufficient balance. In order for review to continue, the applicant
shall, within 10 days of said notice, post a deposit to the account
in an amount to be mutually agreed upon.
3.
The Town's Chief Financial Officer shall, upon request by the
applicant, after a final decision has been made by the Mayor and Council
regarding the pending right-of-way permit application, refund any
unused balance from the applicant's deposit towards anticipated
municipal expenses.
c.
Annual Fees. The entity using any wireless facility installed pursuant
to this chapter shall pay an annual fee to the Town in the amount
of $270 per wireless facility. The annual fee shall be paid on the
dates set forth in the right-of-way agreement.
[8-4-2020 by Ord. No.
2020-25]
a.
Any right-of-way permit approved 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 by New Jersey law.
b.
In addition to receiving a right-of-way permit, an applicant must
also receive all necessary road opening permits, construction permits
and any other requirement set forth in the Town Code of the Town of
Kearny or New Jersey statute.
c.
The Town'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 Town.
