[Adopted 3-3-2020 by Ord. No. 2020-01]
As used in this article, 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 Township.
That the facility is capable of being connected to a generator,
batteries, or other power source when the electric distribution system
is down and so that the facility is capable of operating independently
from same.
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 or directly supported by the ground.
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 Township as an easement
or in fee simply ownership. This term also includes rights-of-way
held by the County of Morris where the Township'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.
A long, slender, rounded piece of wood or metal.
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 or
proposed pole.
Telecommunications equipment that has the ability to operate,
by way of a generator, off of the electrical grid.
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 Township 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.
The Township Council of the Township of Chester.
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.
No person shall operate or place any type of pole-mounted antenna
within the Township right-of-way without first entering into a right-of-way
agreement pursuant to the provisions of this section.
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 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 taller.
(2)
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 which shall be removed at the
time of installation of the new pole; or
(c)
Approved pursuant to a land development application by either
the Township's Zoning Board of Adjustment or Planning Board pursuant
a land use application; or
(d)
Located on the same side of the street from the electric distribution
system; and
(e)
For sites in the RC, WR, R-1, R-2, R-3, R-5, and R-10 Zones,
is 200 linear feet from any other existing pole or proposed pole along
the same side of the street, or for sites in the B, LB, or Po/R Zones
is 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 inhibit any existing sight triangles or sight distance and otherwise complies with § 113-235; and
(h)
Allows adequate room for the public to pass and re-pass across
the municipal right-of-way;
(i)
Is not located in an area that directly obstructs the view from
the front window of an existing home;
(j)
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 shall be maintained in good condition.
C.
Ground level cabinet site standards.
(1)
Ground level cabinets are prohibited in the RC, WR, R-1, R-2, R-3,
R-5, and R-10 Zones and any future residential zone except in areas
where there are underground utilities.
(2)
Ground level cabinets are permitted in B, LB, or Po/R Zones, provided
that each 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;
(c)
Is installed plumb and level and does not inhibit an existing sight triangles or sight distance and otherwise complies with § 113-235;
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way;
(e)
All ground level cabinets that are not in use, damaged, or obsolete
shall be removed;
(f)
All ground level cabinets shall be connected to poles through
underground utilities and shall have no overhead wires; and
(g)
All ground level cabinets shall be spaced in accordance with § 153-62B(2)(e).
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 per cabinet with
an aggregate not to exceed six cubic feet per pole; 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;
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way; and
(e)
All pole-mounted antennas that are not in use, damaged, or obsolete
shall be removed.
(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 with an aggregate not to exceed
32 cubic feet per pole; 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 shall be maintained in good condition;
(c)
Does not inhibit sight triangles or sight distance;
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way; and
(e)
All pole-mounted cabinets that are not in use, damaged, or obsolete
shall be removed.
(3)
The Township may also 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.
(4)
P Zone. Notwithstanding any provision to the contrary, no ground
level cabinets or poles are permitted within the municipal right-of-way
within the P Zone.
E.
Special backup power requirement for powered communications equipment.
All powered communications equipment must be backup power capable.
A.
Preapplication meeting. Prior to making a formal application with
the Township for use of the municipal right-of-way, all applicants
are advised to meet with the Township Engineer to review the scope
of applicant's proposal.
C.
All applications made under this section which trigger Federal Communications
Commission shot clock rules pursuant to 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 shall be processed
on an expedited basis.
D.
Every application made pursuant to this chapter must include a signed
and sealed 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.
(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 Township Council
of its recommendation to approve or disapprove same.
(a)
If the Planning Board recommends a denial of an application,
it shall set forth the factual basis for such a denial in writing.
F.
Pole-mounted antenna and pole-mounted cabinets.
(1)
The Township Engineer shall review application to place pole-mounted
antenna and pole-mounted cabinets within the municipal right-of-way
and advise the Township Council of his or her recommendation to approve
or disapprove same.
(a)
If the Township Engineer recommends a denial of an application,
he or she shall set forth the factual basis for such a denial in writing.
G.
If the Township Council denies any application made under this section,
it shall do so in writing and set forth the factual basis therefor.
A.
The Township Council may waive any siting standard set forth in § 153-62 where the applicant demonstrates that strict enforcement of said standard:
(1)
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
(2)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment."
WT Docket No. 17-79; WC Docket 17-84; 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 Township.
B.
Deposit towards anticipated municipal expenses:
(1)
In addition to the right-of-way permit fee, the applicant shall post
a $2,000 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 Township to perform its review, the Chief Financial
Officer of the Township or his designee 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 or his designee shall, upon request by
the applicant, and after a final decision has been made by the Township
Council regarding his or her pending right-of-way permit application,
refund any unused balance from applicant's deposit towards anticipated
municipal expenses.
C.
Before any work is started, the applicant is to file with the Township
a performance bond in the amount of $50,000. The bond may be in the
form of cash, certified check, letter of credit or an insurance company
bond. The form of the performance bond is subject to the prior approval
of the Municipal Attorney. If the performance bond is issued by an
insurance company, the company must be licensed to do business in
the State of New Jersey.
A.
This chapter shall be enforced by the Zoning Office of the Township
of Chester;
B.
Any person or entity convicted of a violation of this chapter shall
be punished by a fine not less than $100 and no more than $500 for
each violation. Each day's continued violation shall constitute
a separate offense.
A.
Any approval received pursuant to this chapter does not relieve the
applicant from receiving consent from the owner of the land above
which an applicant's facility may be located as may be required
under New Jersey law.
B.
Applicant must, in addition to receiving a right-of-way permit, also
receive all necessary road opening permits, construction permits and
any other requirement set forth in the Revised Ordinances of the Township
of Chester or state statutes.
C.
The Township'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 Township.
