[Adopted 12-17-2019 by Ord. No. 2019-19]
A.
Statement
of purpose. The Township finds and declares that it is necessary to
set forth clear standards in relation to the siting of poles, cabinets
and antennas for the benefit of its citizens and any utilities which
use the Township's rights-of-ways. The purpose of this article is
to protect the property of the Township and its citizens by creating
permit system for all new poles, antennas and cabinets which are proposed
to be placed in the municipal right-of-way.
For purposes of this article, the following definitions shall
apply:
The cost of processing an application for a right-of-way
permit including, but not limited to, all professional fees such as
engineering, planning or attorney fees such as are normally charged
for approval escrows.
A small box-like or rectangular structure used to facilitate
utility or wireless service from in the municipal right-of-way.
The part of the electrical 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, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Township as an easement or
in fee simple ownership. This term also includes rights-of-ways held
by the County of Ocean where the Township's approval is required for
the use of the same pursuant to N.J.S.A. 27:16-6.
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.
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 Stafford.
A cabinet that is located beneath the surface of the ground.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes of the State
of New Jersey.
Electric, telephone or cable service.
Unless permitted under any existing franchise or right-of-way
agreement, 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 regulating any facility, equipment,
antenna, cabinet or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this article and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
A.
No person
shall operate or place any type of pole-mounted antenna within the
municipal right-of-way without first entering in to a right-of-way
agreement pursuant to the provisions of this article.
B.
The terms
of said right-of-way agreement shall include:
(1)
A
term not to exceed 10 years;
(2)
Reasonable
insurance requirements;
(3)
A
fine for unauthorized installations;
(4)
A
reference to the siting standards set forth in this article;
(5)
Any
other items which may reasonable be required for the applicant's operation
within the municipal right-of-way.
A.
No pole,
antenna or cabinet shall be installed in the municipal right-of-way
without the issuance of a right-of-way permit for that installation.
B.
Pole siting
standards.
(1)
Height.
No pole shall be taller than 50 feet or 110% of the height of poles
in the surrounding streetscape, whichever is higher. No preexisting
pole shall be extended to a height of more than 10% above its preexisting
height as a result of the co-location of new antenna facilities.
[Amended 10-27-2020 by Ord. No. 2020-32]
(2)
Distance
from the curbline: No pole shall be farther than 18 inches from the
curbline.
(3)
Location,
safety and aesthetics: No pole shall be erected in the municipal right-of-way
unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved pursuant to a land development application by the Township's
Land Use Board pursuant to a land use application; or
(c)
Is located on the opposite side of the street from a part of the
electrical distribution system; and
(d)
Is at least 500 linear feet from any other existing pole or proposed
pole along the same side of the street unless it can be established
by clear and convincing evidence that co-location on an existing,
previously approved pole is not feasible; and
[Amended 10-27-2020 by Ord. No. 2020-32; 4-27-2021 by Ord. No. 2021-05]
(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 repass along and
across the public 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.
(1)
Ground-level
cabinets shall not be placed in a flood hazard area, flood-fringe
area, area of shallow flooding, or area of special flood hazard. Absent
a showing of necessity, ground-level cabinets shall not be placed
in the municipal rights-of-way of all zones.
[Amended 10-27-2020 by Ord. No. 2020-32]
D.
Pole-mounted
cabinet.
(1)
Pole-mounted
cabinets are the preferred method of cabinet siting with the Township
of Stafford and permitted in the municipal rights-of-way in all zones.
E.
Underground
cabinet.
(1)
Underground
cabinets are cabinets which are prohibited in the municipal rights-of-way
of all zones.
F.
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)
Docs not exceed three cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged 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; and
(d)
Allows adequate room for the public to pass and repass along and
across the public right-of-way.
(2)
Pole-mounted
cabinets and/or antenna equipment associated with the facility are
permitted on existing poles, provided that such equipment:
[Amended 10-27-2020 by Ord. No. 2020-32]
(a)
Does not exceed 28 cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged 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; and
(d)
Allows adequate room for the public to pass and repass along and
across the public right-of-way.
(3)
The
Township shall 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.
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 the applicant's
proposal.
C.
All applications
made under this section and article shall be expedited so as to comply
with the shot clocks set forth in the Federal Communications Commission
Orders entitled "Accelerating Wireless Broadband Deployment By The
Removal Of Barriers To Infrastructure Investment," WT Docket No. 17-
79; WC Docket No. 17- 84.
[Amended 10-27-2020 by Ord. No. 2020-32]
D.
No application
for a siting permit shall be approved if the application proposes
the deployment of a small wireless facility upon an existing structure
in a right-of-way upon which a small wireless facility already has
been deployed at the time that applicant files its siting permit application
with the Township unless the structure is a decorative utility 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, commonly known as a "smart pole." Such smart poles must be
specifically designed to accommodate the reasonable and customary
equipment necessary for a small wireless facility installation which
will accommodate at least three carriers per small wireless facility
deployment. Smart poles shall neither have external latches, external
hinges, nor external cabling. The pole should be made of an inherently
rust-resistant material (i.e., aluminum alloys or stainless steel).
[Added 4-27-2021 by Ord. No. 2021-05]
E.
Wireless
infrastructure providers shall certify that they shall market the
availability of approved facilities to all major wireless carriers
in the marketplace. Wireless infrastructure providers shall further
certify that they will encourage, manage and coordinate the location
and placement of any interested carrier's equipment on said pole.
Any claims of carriers of technical incompatibility or inability to
collocate need to be proven by the carrier, not disproven by the municipality.
Responsibility for judging proof of said claims lies solely with the
municipality and/or or its chosen representative(s).
[Added 4-27-2021 by Ord. No. 2021-05[1]]
F.
Every
application made under this section and article must include a stamped
survey prepared by a New Jersey licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
G.
Pole-mounted
antenna and pole-mounted cabinets.
(1)
The
Township Engineer shall review all applications 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,
deny or approve with conditions such applications.
H.
New poles.
The Township of Stafford Land Use Board shall, pursuant to N.J.S.A.
40:55D-25(B)(3), review all applications for the placement of new
poles proposed to be located in the municipal right-of-way and advise
the Township Council of its recommendations to approve, deny or approve
with conditions such applications. If the Planning Board recommends
a denial of such application, it shall set forth the factual basis
for such denial in writing.
I.
If the
Township Council denies any application made under this section and
article, it shall do so in writing and set forth the factual basis
therefor.
J.
Waiver.
The Township Council may waive any siting standard set forth in this
article where the applicant demonstrates that strict enforcement of
any siting standard will:
(1)
Prohibit
or have the effect of prohibiting any interstate or intrastate telecommunications
service pursuant to 47 U.S.C. § 253(a); or
(2)
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 in the Federal Communications Commission
Order entitled "Accelerating Wireless Broadband Deployment By The
Removal Of Barriers To Infrastructure Investment," WT Docket No. 17-
79; WC Docket No. 17- 84.
B.
Deposit
toward anticipated municipal expenses.
(1)
In
addition to the right-of-way permit application fee, for applications
for wireless facilities larger than "small wireless facilities" as
defined by 47 CFR 1.600(2)(l), the Township Engineer shall require
the posting of an escrow in the amount of $2,000 toward anticipated
municipal expenses including, but not limited to, planner, engineer,
legal or other municipal fees related to review of an application
for a right-of-way permit under this article.
[Amended 10-27-2020 by Ord. No. 2020-32]
(2)
The
applicant's deposit shall be deposited in an escrow account. If at
any time such deposit contains insufficient funds to enable the Township
to conduct its review of the right-of-way permit application, the
Township Engineer shall provide the applicant with notice of an insufficient
balance. The applicant shall deposit within 10 days of such notice
such additional deposit as shall be agreed upon by the applicant and
the Township Engineer to complete the Township's review.
(3)
After
a final decision has been made by the Township Council in accordance
with this article regarding the applicant's right-of-way permit application,
any unused balance from the applicant's deposit toward anticipated
municipal expenses shall be refunded.
A.
Any approval
granted pursuant to this article does not relieve the applicant from
receiving consent of the owner of the land above which an applicant's
facility may be located as required under New Jersey law.
B.
Applicant
must, in addition to obtaining a right-of-way permit pursuant to this
article, also receive any and all necessary road opening permits,
construction permits and any other permits required under the ordinances
of the Township of Stafford including, but not limited to, the Uniform
Construction Code.
C.
Applications
for Township consent pursuant to N.J.S.A. 27:16-6 requires adherence
to the standards set forth in this article. No such applicant shall
be required to enter into a right-of-way agreement with the Township.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
