[Adopted 9-24-2019 by Ord. No. 2019-12]
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 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 also includes rights-of-way
held by the County of Monmouth where the Borough's approval is required
for the use of same pursuant to N.J.S.A, 27:16-6.
Shall mean a long, slender, rounded piece of wood or metal.
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 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 applicant's
compliance with the requirements of this Chapter.
Shall mean Existing Poles within the same right-of-way which
are located within 500 feet of the Proposed Pole.
Shall mean the Borough Council of the Borough of Spring Lake.
Shall mean companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
Shall mean electric, telephone, or cable service.
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 Chapter and shall
require Right-of-Way Permits for the siting of Poles, Antennas and
cabinets in the Municipal Right-of-Way.
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 the Borough's
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 200 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; and
(g)
Allows adequate room for the public to pass and re-pass across
the Right-of-Way; and
(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.
C.
Ground Level Cabinet Site Standards
(1)
Ground Level Cabinets are prohibited in the Municipal Right-of-Way
located in the R-1, R-2 and R-3 zones.
(2)
Ground Level Cabinets are permitted in the RC and GC zones provided
that such Ground Level Cabinet:
(a)
Is less than 28 cubic feet in volume: and
(b)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual Impact on surrounding
properties; and
(c)
Does not inhibit 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; 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 sixteen (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.
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 Zoning Officer to review the scope of
applicant's proposal.
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 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.
E.
Proposed Poles and Ground Level Cabinets.
(1)
The Zoning Officer shall review applications for the placement of
Proposed Poles and Ground Level Cabinets within the Municipal Right-of-Way
and advise the Borough Council of its recommendation to approve or
disapprove same.
(a)
If the Zoning Officer 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 Zoning Officer shall review applications to place Pole Mounted
Antenna and Pole Mounted Cabinets within the Municipal Right-of-Way
and advise the Borough Council of his or her recommendation to approve
or disapprove same.
(a)
If the Zoning Officer 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 Council denies any application made under this Section,
It shall do so in writing and set forth the factual basis therefor.
H.
Waiver. The Borough Council may waive any siting standard set forth in Section 330-72 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)(l)(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.
B.
Deposit towards Anticipated Municipal Expenses.
(1)
In addition to the Right-of-Way Permit Fee, the Zoning Officer 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.
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 Code of the Borough of Spring
Lake 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.
