[Ord. No. 2019-8]
Means the municipal planner, engineer and zoning officer.
Mean the cost of processing an application for a right-of-way
permit including, but not limited to, professional fees such as engineer
and attorney costs.
Means a small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
Mean the part of the electric system, after the transmission
system that is dedicated to delivering electric energy to an end user.
Means a pole that is in lawful existence within the municipal
right-of-way.
Means a cabinet that is not attached to an existing pole
and is touching or directly supported by the ground.
Means 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 municipality as an easement
or in fee simply ownership. This term also includes rights-of-way
held by the County of Mercer where Princeton's approval is required
for the use of same pursuant to N.J.S.A. 27:16-6. This term shall
not include private roadways.
Means a long, slender, rounded piece of wood or metal.
Means 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.
Means a cabinet that is proposed to be placed on an existing
or proposed pole.
Means a pole that is proposed to be placed in the municipal
right-of-way.
Means 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.
Means an approval from the municipality setting forth the
applicant's compliance with the requirements of this article.
Means the time limit of 60 days for collocation on existing
facilities and 90 days for a new structure, as established by the
FCC, for the review of applications filed under this article.
Means existing poles within the same right-of-way that are
located within 500 feet of the proposed pole.
Means companies subject to regulation by the New Jersey Board
of Public Utilities under chapter 48 of the revised statutes.
Means electric, telephone, or cable service.
[Ord. No. 2019-8]
(a)
No person shall operate or place any type of pole mounted antenna
within the municipal right-of-way without first entering into a right-of-way
agreement pursuant to the provisions of this section.
(b)
The terms of said right-of-way agreement shall include:
(1)
A term not to exceed 15 years;
(2)
Reasonable insurance requirements;
(3)
Fines for unauthorized installations;
(4)
Requirements regarding the repair, maintenance and relocation
of equipment;
(5)
A reference to the siting standards set forth in this section;
and
(6)
Any other items which may reasonably be required.
[Ord. No. 2019-8]
(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,
or any other entity lawfully within the municipal right-of-way, shall
be subject to the standards and procedures set forth in this article
and shall require right-of-way permits for the siting of poles, antennas
and cabinets in the municipal right-of-way.
[Ord. No. 2019-8]
(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 taller.
(2)
Distance from the curb line. No pole shall be closer 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 used to bring utility service across the right-of-way to
an existing or proposed development from an existing pole; or
b.
Is replacing an existing pole; or
c.
Has been approved pursuant to section 19-10.5 of this code;
or
d.
Is located on the opposite side of the street from the electric
distribution system; and
e.
For sites in any residential zone, is 200 linear feet from any
other existing pole or proposed pole along the same side of the street,
or for sites in any other zone, is at least 100 linear feet from any
other existing pole or proposed pole along the same side of the street;
and
f.
Is not located in an area with underground utilities; and
g.
Does not interfere with any existing sight triangles or sight
distance; and
h.
Allows adequate room so as not to impede the public's or municipality's
use of the right-of-way; and
i.
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
j.
If in a historic district of the municipality, has been reviewed
and approved by the historic preservation committee.
(4)
Any necessary equipment is permitted on a pole where said pole
otherwise conforms with the standards set forth in section 19-10.4.b.
(c)
Ground level cabinet site standards.
(1)
Ground level cabinets are permitted only if placement on a pole
is not possible or feasible.
(2)
No ground level cabinet shall be installed unless it:
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 interfere with any existing sight triangles or sight
distance; and
d.
Allows adequate room so as not to impede the public's or municipality
use of the right-of-way.
(d)
Pole mounted antenna and pole mounted cabinet siting standards.
(1)
Pole mounted antennas are permitted on existing poles in all
zones, provided that each pole mounted antenna:
a.
Does not exceed three cubic feet in volume; and
b.
Is finished and/or painted 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 interfere with any sight triangles or sight distance;
and
d.
Allows adequate room so as not to impede the public's or municipality's
use of the right-of-way.
(2)
Pole mounted cabinets are permitted on existing poles in all
zones, provided that each pole mounted cabinet:
a.
Does not exceed 16 cubic feet; and
b.
Is finished and/or painted 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 interfere with any sight triangles or sight distance;
and
d.
Allows adequate room so as not to impede the public's or municipality's
use of the right-of-way.
(3)
The municipality may in its discretion require that a permittee
provide a certification from a licensed engineer attesting to the
structural integrity of any pole mounted antenna or pole mounted cabinet.
[Ord. No. 2019-8]
(a)
Pre-application meeting. Prior to submitting a formal application
to the municipality for use of the municipal right-of-way, all applicants
are advised to meet with the municipal engineer to review the scope
of the applicant's proposal.
(b)
Review process.
(1)
Applications for attachments to third-party utility infrastructure
will be reviewed through an administrative review process by the administrative
review team. Prior to approval of any application, the municipality
may in its discretion ask the applicant to hold a public open house
and provide notice of same by regular mail to all property owners
identified by the municipal engineer as requiring notice. Applicant
shall also provide evidence of permission to use the infrastructure
from the third-party property owner.
(2)
Applications for attachments to municipally-owned infrastructure
will be reviewed through an administrative review process by the administrative
review team. Prior to approval of any application, the municipality
may in its discretion ask the applicant to hold a public open house
and provide notice of same by regular mail to all property owners
identified by the municipal engineer as requiring notice.
(3)
Any siting standard set forth in Section 19-10.4 may be waived
where the applicant demonstrates that strict enforcement of said standard:
a.
Will prohibit or have the effect of prohibiting any interstate
or intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
b.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
c.
Will violate any requirement set forth by the Federal Communications
Commission in its 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; or
d.
Will prohibit, or have the effect of prohibiting, the ability
of an entity to provide utility service to any prospective customer
within the municipality.
(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 entitled "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 made pursuant to this article shall include
a stamped survey prepared by a New Jersey licensed surveyor demonstrating
that any proposed pole is located within the municipal right-of-way.
An application which does not include such a survey shall immediately
be deemed incomplete.
(e)
New poles and ground level cabinets shall be reviewed as outlined
in 19-10.5.b above. If an application is denied, the factual basis
for such denial will be provided in writing to the applicant.
(f)
Pole mounted antenna and pole mounted cabinets shall be reviewed
as outlined in 19-10.5.b above. If an application is denied, the factual
basis for such denial will be provided in writing to the applicant.
(g)
An appeal from a final decision made by the administrative review
team shall be made to the Princeton municipal council.
[Ord. No. 2019-8]
(b)
Right-of-way use fee. In exchange for the privilege of non-exclusive
occupancy of the public right-of-way, the successful applicant shall
pay to the municipality an annual fee of $500 for the use of each
pole in the right-of-way, and $100 per month for each municipally-owned
facility on which its equipment is deployed. The initial fee shall
be due and payable within 30 days of installation of the equipment,
and on the anniversary date of the installation each year thereafter.
Commencing on the fifth anniversary of the initial installation and
continuing on each fifth anniversary thereafter, the right-of-way
use fee shall be adjusted by a percentage amount equal to the percentage
change in the U.S. Department of Labor, Bureau of Labor Statistics
consumer price index (all items, all urban consumers, 1982-1984=100)
which occurred during the previous five-year period for the New York-Northern
New Jersey-Long Island, NY-NJ-PA metropolitan statistical area (MSA).
(c)
Escrow deposit towards anticipated municipal expenses.
(1)
In addition to the permit application fee, the applicant shall
submit to the municipal planning department all fees required for
an administrative waiver in accordance with section 17A-174A of the
former Borough of Princeton Code for infrastructure on property in
the boundaries of the former Borough of Princeton, and in accordance
with section 10B-206.1 for infrastructure on property in the boundaries
of the former Township of Princeton, or the current municipal code
of record at the time of the application.
(2)
Applicant's deposit towards anticipated municipal expenses shall
be placed in an escrow account. If said escrow deposit contains insufficient
funds to enable the municipality to perform its review, the chief
financial officer of the municipality 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,
and after a final decision has been made regarding the pending right-of-way
permit application, refund any unused balance from applicant's escrow
deposit towards anticipated municipal expenses.
[Ord. No. 2019-8]
(a)
Any approval received pursuant to this article shall not relieve
the applicant from receiving consent from the owner of the land above
or on 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 Princeton's ordinances or applicable
state statutes.
(c)
Princeton's consent for the 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 article, except that the applicant shall not be required to
enter into a right-of-way agreement with the municipality.
