[Added Ord. No. 1135-19, 3-27-2019]
[Added 3-27-2019 by Ord.
No. 1135-19]
This article is titled the "Wireless Communication Facility
Right-of-Way Deployment Ordinance," and amends all applicable provisions
of the City Code of the City of Wildwood relating to the subject matter
of this article.
[Added 3-27-2019 by Ord.
No. 1135-19]
Means ministerial review of an Application by the Authority
relating to the review and issuance of a Permit, including review
by the building, planning or zoning administrator, or other City staff
or designee to determine whether the issuance of a Permit is in conformity
with the applicable provisions of this article.
Means communications equipment that transmits and/or receives
over-the-air electromagnetic signals used in the provision of Wireless
Services. This definition does not apply to broadcast antennas, antennas
designed for amateur radio use, or satellite dishes for residential
or household purposes.
Means uniform building, fire, safety, electrical, plumbing,
or mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the Authority or otherwise
are applicable in the jurisdiction.
Means a Person who submits an Application under this article.
Means a written request submitted by an Applicant to the
Authority in the forms provided by the Authority for a Permit (i)
to locate or Collocate, or to modify, a Communications Facility underground
or on any existing Support Structure, Pole, or Tower, or (ii) to construct,
modify or Replace a new Support Structure, Pole or Tower or any other
structure on which a Communications Facility will be Collocated.
Means the City of Wildwood.
Means a Pole owned, managed or operated by or on behalf of
an Authority.
Means to install, mount, maintain, modify, operate and/or
replace a Communications Facility on an existing Support Structure,
Pole, or Tower or any other structure capable of supporting such Communications
Facility. "Collocation" has a corresponding meaning. The term does
not include the installation of a new Utility Pole, Tower or Support
Structure in the Public Right-of-Way.
Means, collectively, the equipment at a fixed location or
locations that enables communication between user equipment and a
communications network, including: (i) radio transceivers, Antennas,
coaxial, fiber-optic or other cabling, power supply (including backup
battery), and comparable equipment, regardless of technological configuration;
and (ii) all other equipment associated with any of the foregoing.
A Communications Facility does not include the Pole, Tower or Support
Structure to which the equipment is attached.
Means a cable operator, as defined in 47 U.S.C. § 522(5),
a provider of information service, as defined in 47 U.S.C. § 153(24);
or a provider of telecommunications service, as defined in 47 U.S.C.
§ 153(53); or provider of fixed wireless or other wireless
services as defined in 47 U.S.C. § 332(c)(7)(C)(i).
Means a Pole that is specially designed and placed for aesthetic
purposes which camouflages the Communication Facility for which the
design and color has been approved by the City.
Means a portable, self-contained Wireless Facility that can
be moved to a specified location or area and provide Wireless Services
on a temporary or emergency basis such as a "cell on wheels" or "COW,"
"cell on light truck" or "COLT," tethered balloon, tethered drone
or other unmanned device.
Means review of an Application by the Authority relating
to the review and issuance of a Permit that is other than an Administrative
Review. Discretionary Review involves discretion on the part of the
Authority (subject to any applicable limits on such discretion) in
determining whether to issue a Permit and may be subject to one or
more public hearings or meetings.
Means, as per 47 C.F.R. Section 1.40001(b)(3), as may be
amended from time to time, any request for modification of an existing
tower or base station that does not substantially change the physical
dimensions of such tower or base station, involving:
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Collocation of new transmission equipment;
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Removal of transmission equipment; or
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Replacement of transmission equipment.
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Means the Federal Communications Commission of the United
States.
Means a one-time, nonrecurring charge, whether a fixed amount
or cost-based amount based on time and expense.
Means any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion in, the
National Register maintained by the United States Secretary of the
Interior (in accordance with Section VI.D.1.a.i-v of the Nationwide
Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C) or
established pursuant to state historic preservation law.
Means, collectively, any and all Federal, State, or local
law, statute, common law, code, rule, regulation, order, or ordinance.
Means (i) with respect to a Communications Facility and/or
the associated Support Structure, Pole or Tower, inspections, testing,
repair and modifications that maintain functional capacity, aesthetic
and structural integrity, and (ii) with respect to a Communications
Facility only, the replacement or upgrade of Antennas and/or other
components of the Communications Facility with Antennas and/or other
components substantially similar, in color, aggregate size and other
aesthetics to that previously permitted by the Authority (and/or consistent
with the same height and volume limits for Wireless facilities under
this Chapter), so long as the Support Structure, Pole or Tower will
structurally support, or prior to installation will be modified to
support, the structural load. Modifications are limited by the structural
load analysis supplied by the Applicant to the Authority, and by the
volume limits in the definition of "Small Wireless Facility" below.
Modifications beyond the foregoing must be required in writing by
the Applicant and are subject to discretionary approval by the Authority.
Means a written authorization (in electronic or hard copy
format) required by an Authority to initiate, continue, or complete
installation of a Communications Facility, or an associated Support
Structure, Pole, or Tower.
Means an individual, corporation, limited liability company,
partnership, association, trust, or other entity or organization,
including an Authority.
Means a pole, such as a utility, lighting, traffic, or similar
pole, made of wood, concrete, metal or other material, located or
to be located within the Public Right-of-Way or Utility Easement.
The term includes the vertical support structure for traffic lights
but does not include a horizontal structure to which signal lights
or other traffic control devices are attached unless an Authority
grants a waiver for such pole. The term does not include electric
transmission poles or structures. A Pole does not include a Tower
or Support Structure.
Means a Communications Service Provider or a Wireless Provider.
Means the area on, below, or above property that has been
designated for use as or is used for a public roadway, highway, street,
sidewalk, alley or similar purpose, but not including a federal interstate
highway or other area not within the legal jurisdiction, or within
the legal ownership or control of the municipality.
Means a recurring charge.
Means, in connection with an existing Pole, Support Structure
or Tower, to replace (or the replacement of) same with a new structure,
similar in design, size and scale to the existing structure and in
conformance with current City charter/code regulations, in order to
address limitations of, or change requirements applicable to, the
existing structure to structurally support Collocation of a Communications
Facility. In connection with replacement of a Pole or Tower to support
Collocation of a Wireless Facility, similarity in size and scale shall
be evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
Means a facility that meets each of the following conditions:
The facilities:
Are mounted on structures 48 feet or less in height including
their antennas; or
Are mounted on structures not more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 48 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment is not more than
three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration;
The facilities do not result in human exposure to radiofrequency
radiation in excess of applicable safety standards.
Means the State of New Jersey.
Means a building, a billboard, a water tank or any other
structure to which a Communications Facility is or may be attached.
Support Structure does not include a Pole or a Tower.
Means any structure built for the sole or primary purpose
of supporting a Wireless Facility, such as a self-supporting Tower,
a monopole, a lattice Tower or a guyed Tower. Tower also includes
a structure designed to conceal from the general public the Wireless
Facility. A Tower does not include a Pole or a Support Structure.
Means the area on, below, or above privately owned property
that has been designated for use as or is used for a specific utility
purpose (such as for electric, cable or other utility purpose), and
is evidenced by a recorded instrument in the public land records pursuant
to a recorded plat, easement or right of way or is otherwise a legally
enforceable easement, and does not include any portion of a Public
Right-of-Way.
Means a Communications Facility installed and/or operated
by a Wireless Provider. The term does not include: (i) the Support
Structure, Tower or Pole on, under, or within which the equipment
is located or Collocated; or (ii) coaxial, fiber-optic or other cabling
that is between Communications Facilities or Poles or that is otherwise
not immediately adjacent to or directly associated with a particular
Antenna. A Small Wireless Facility is one example of a Wireless Facility.
Means any Person, including a Person authorized to provide
telecommunications service in the State, that builds or installs and/or
operates Wireless Facilities or Poles, Towers or Support Structures
on which Wireless Facilities are or are intended to be used for Collocation,
but that is not a Wireless Services Provider.
Means a Wireless Infrastructure Provider or a Wireless Services
Provider.
Means any wireless services including, without limitation,
personal wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i),
fixed wireless and other wireless services.
Means a Person who provides Wireless Services.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
Permit. Prior to installing a Communications Facility, Pole or Tower
in the Public ROW, or modification of an existing Pole, Application
for a Permit must be made to the Authority and a permit must have
been issued.
b.
Municipal Agreement. Prior to receiving a Permit to install a Communications
Facility, Pole or Tower in the Public ROW, each Applicant shall be
required to enter into a Municipal Agreement (e.g., Right of Way Agreement,
Pole Attachment Agreement, License Agreement) between the Authority
and the Applicant, approved by ordinance of the governing body of
the City of Wildwood, which addresses the following:
c.
Fees and Rates. The Applicant will pay the following Fees and Rates:
1.
Application Filing Fee. An application filing fee of $50 shall apply
to each Application.
2.
Administrative Review and Right-of-Way Maintenance Fee. Upon application
approval, a fee of $500 for each new Pole or Communications Facility
with up to five Small Wireless Facilities, with an additional $100
for each Small Wireless Facility beyond five, shall apply.
3.
Annual Right-of-Way Maintenance Rate. For each Small Wireless Facility
or Pole in the Public ROW a maintenance fee at a rate of $270 or Authority's
Cost, whichever is higher, shall apply. The first annual fee shall
be due on the anniversary of deployment and each anniversary thereafter.
4.
Generally Applicable, Non-discriminatory Fees, such as those required
for electrical Permits, building Permits, or street opening Permits,
shall be paid by Applicant as required in the applicable provisions
of the City Code and prior to deployment of a Communications Facility
or Pole.
5.
The Applicant, or person who owns or operates the Communications
Facility or Pole installed in the Public ROW (including, without limitation,
on an Authority Pole) may remove its facilities at any time from the
Public ROW, upon not less than 30 days' prior written notice
to the Authority and may cease paying to the Authority any applicable
Fees and Rates for such use, as of the date of actual removal of the
facilities.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
Permitted Use. The following uses within the Public ROW shall be permitted subject to Administrative Review and issuance of a Permit. All such uses shall be in accordance with all other applicable provisions of this article, including without limitation, those set forth in § 28-2.5 below:
1.
Collocation of a Small Wireless Facility or a Collocation that qualifies
as an Eligible Facilities Request;
2.
Modification of a Pole, Tower or Support Structure or Replacement of a Pole, for Collocation of a Communications Facility that qualifies as an Eligible Facilities Request or involves a Small Wireless Facility that does not exceed the maximum limitations set forth in § 28-2.3c below. All other such modifications or Replacements are subject to Discretionary Review;
b.
Permit Required. No Person shall place any facility described in § 28-2.2a above in the Public ROW without first filing an Application for same and obtaining a Permit therefor, except as otherwise expressly provided in this article.
c.
Administrative Review Application Requirements. The Application shall
be made by the applicable Provider or its duly authorized representative
and shall contain the following:
1.
The Applicant's name, address, telephone number, and e-mail
address, including emergency contact information for the Applicant.
2.
The names, addresses, telephone numbers, and e-mail addresses of
all consultants, if any, acting on behalf of the Applicant with respect
to the filing of the Application.
3.
A general description of the proposed work and the purposes and intent
of the proposed facility. The scope and detail of such description
shall be appropriate to the nature and character of the physical work
to be performed, with special emphasis on those matters likely to
be affected or impacted by the physical work proposed.
4.
Detailed construction drawings regarding the proposed facility.
5.
To the extent the proposed facility involves Collocation on a Pole,
Tower or Support Structure, a structural report performed by a duly
licensed engineer evidencing that the Pole, Tower or Support Structure
will structurally support the Collocation (or that the Pole, Tower
or Support Structure will be modified to meet structural requirements)
in accordance with Applicable Codes.
6.
For any new aboveground facilities, visual depictions or representations
if not included in the construction drawings.
d.
Ordinary Maintenance and Repair. An Application shall not be required for Ordinary Maintenance and Repair, other than to the extent required for Permits described in § 28-2.5b4 below. Whenever ordinary maintenance and repair is to be completed, at least 10 days' notice shall be provided to the Authority.
e.
Information Updates. Any material change to information contained
in an Application shall be submitted in writing to the City within
30 days after the change necessitating the change.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
Review of Applications for Administrative Review.
1.
The City shall review the Application in light of its conformity
with applicable provisions of this Chapter, and shall issue a Permit
on nondiscriminatory terms and conditions, subject to the following
requirements:
(a)
Within 30 days of receiving an Application, the City must determine and notify the Applicant whether the Application is complete; or if an Application is incomplete, the City must specifically identify the missing information, and may toll the approval interval in § 28-2.3a1(b) below. The Applicant may resubmit the completed Application within 20 days without additional charge, except to the extent material changes to the proposed facility have been made by the Applicant (other than those requested or required by the Authority) in which case a new Application and Application Fee for same must be submitted; and
(b)
The City shall make its final decision to approve or deny the
Application within the following time periods, calculated from the
date a complete application is received, unless a longer time period
is necessary due to unique complicating factors which are related
to the Application and which are conveyed to the Applicant in writing
within 10 days of receiving the complete Application:
(1)
Sixty days for an Application to collocate a Small Wireless
Facility or up to five Small Wireless Facilities using an existing
structure(s);
(2)
Ninety days for an Application to collocate a facility other
than a Small Wireless Facility using an existing structure;
(3)
One hundred fifty days for Application to deploy a facility
other than a Small Wireless Facility using a new structure.
(c)
The City must advise the Applicant in writing of its final decision,
and in the final decision document the basis for a denial. The written
decision shall constitute final action by City. The review period
or "shot clock" shall run until the written decision is released and
sent to the Applicant. The Applicant may cure the deficiencies identified
by the City and resubmit the Application within 30 days of the denial
without paying an additional Application Fee unless denial was issued
due to non-compliance with Design Guidelines or other requirements
(in which case a new Application Fee must be paid). The City shall
approve or deny the revised Application within 30 days of receipt
of the revised Application. The subsequent review by the City shall
be limited to the deficiencies cited in the original denial and any
material changes to the Application made to cure any identified deficiencies.
2.
An Applicant seeking to construct, modify or replace a network of
Communications Facilities may, at the Applicant's discretion
and subject to the Authority's batch Application requirements
and process under § 28-2.7 below, file a consolidated Application
and receive a single Permit for multiple Communications Facilities,
or multiple Permits. The Authority's denial of any site or sites
within a consolidated Application shall not affect other sites submitted
in the same Application. The Authority shall grant a Permit(s) for
any and all sites in a consolidated Application that it does not otherwise
deny, subject to the requirements of this section.
b.
Review of Eligible Facilities Requests. Notwithstanding any other
provision of this article, the Authority shall approve within 60 days
of receipt of a complete Application and may not deny Applications
for Eligible Facilities Requests according to the procedures established
under 47 C.F.R. 1.40001(c). In order to toll the timeframe for incompleteness,
the Authority shall provide written notice of the Applicant within
30 days of receipt of the Application delineating all missing documents
or information.
c.
Small Wireless Facilities; Maximum Height; Maximum Size. Small Wireless Facilities, and new, modified or Replacement Poles, Towers and Support Structures (subject to the further limitation for Replacement of Support Structures described in § 28-1.2 in the definition of "Replace" or "Replacement" to be used for Collocation of Small Wireless Facilities may be placed in the Public Right of Way as a permitted use in accordance with this § 28-2.2, subject to the following requirements: Each new, modified or Replacement Pole, Tower or Support Structure installed in the Public ROW shall not exceed:
1.
Twenty-five feet in height above ground level, unless Applicant has
established in its Application that a higher height is necessary for
adequate Wireless Service, but in no case shall height exceed 48 feet
without appropriate land use approvals from the City's Planning/Zoning
Board.
2.
The antenna associated with the deployment is not more than 1.2 cubic
feet in size, unless the Applicant has established in its Application
that a larger size is necessary for adequate Wireless Service, but
in no case shall its size be larger than three cubic feet.
3.
All other wireless equipment associated with the structure, including
the wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, may not be larger than 2.2
cubic feet in volume, unless the Applicant has established in its
Application that a larger size is necessary for adequate Wireless
Service, but in no case shall its size by larger than 28 cubic feet
in volume.
d.
Discretionary Review Requirements. Unless an Applicant seeks to install
a Communications Facility that conforms to the specific uses and size
and height limitations set forth above (or involves Ordinary Maintenance
or Repair), the Application shall be subject to the zoning and land
use requirements set forth elsewhere in the City Code applicable to
construction and placement of such facilities.
e.
Undergrounding Provisions. The Authority shall administer undergrounding
provisions in a non-discriminatory manner. It shall be the objective
of the Authority and all Public ROW occupants to minimize disruption
or discontinuance of service of all kinds to consumers, through mutual
obligation to coordinate and timely complete such projects.
An occupant shall comply with nondiscriminatory Authority undergrounding
requirements that are in place and published prior to the date of
initial filing of the Application; and the Authority may require the
removal of overhead cable and subsequently unused Poles. In areas
where existing aerial utilities are being moved underground, Wireless
Providers shall remove Communication Facility from existing pole,
so pole may be removed, and replace pole with a Decorative Pole which
incorporates a light. The Wireless Provider may replace the existing
Pole(s) or vertical structure locations for Antennas and accessory
equipment with the Decorative Pole, within 50 feet of the prior location,
unless a minimally greater distance is necessary for public welfare.
In neighborhoods or areas with existing underground utilities,
a new entrant Wireless Provider applying after utilities have been
placed underground shall first seek existing vertical structure locations,
if technically feasible for the wireless service to be deployed. To
the degree such vertical structures are not available, and upon receiving
an approved Permit, the Applicant shall be entitled to place Decorative
Poles which incorporate lights as necessary to provide the wireless
service with utilities underground.
f.
Effect of Permit.
1.
Authority Granted; No Property Right or Other Interest Created. A
Permit from the City authorizes an Applicant to undertake only certain
activities in accordance with this Chapter, and does not create a
property right or grant authority to the Applicant to impinge upon
the rights of others who may already have an interest in the Public
ROW.
2.
Duration. Any Permit for construction issued under this § 28-2 shall be valid for a period of six months after issuance, provided that the six-month period shall be extended for up to an additional six months upon written request of the Applicant (made prior to the end of the initial six-month period) if the failure to complete construction is delayed as a result of circumstances beyond the reasonable control of the Applicant.
g.
Removal, Relocation or Modification of a Communications Facility
in the ROW.
1.
Notice. Within 90 days following written notice from the City, a
Provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any Communications Facility within the Public ROW whenever the
City has determined that such removal, relocation, change or alteration,
is reasonably necessary for the construction, repair, maintenance,
or installation of any City improvement in or upon, or the operations
of the City in or upon, the Public ROW.
2.
Emergency Removal or Relocation of Facilities. The City retains the
right and privilege to cut power to or move any Communications Facility
located within the Public ROW of the City, as the City may determine
to be necessary, appropriate or useful in response to any public welfare
emergency, or safety emergency. If circumstances permit, the City
shall notify the Provider and provide the Provider an opportunity
to move its own facilities prior to cutting power to or removing the
Communications Facility and in all cases shall notify the Provider
after cutting power to or removing the Communications Facility as
promptly as reasonably possible.
3.
Abandonment of Facilities. A Provider is required to notify the Authority
of abandonment of any Communications Facility at the time the decision
to abandon is made, however, in no case shall such notification be
made later than 30 days prior to abandonment. Following receipt of
such notice, the City shall direct the Provider to remove all or any
portion of the Communications Facility if the City determines that
such removal will be in the best interest of the public safety and
public welfare. If the Provider fails to remove the abandoned facility
within 60 days after such notice, the City may undertake to do so
and recover the actual and reasonable expenses of doing so from the
Provider, its successors and/or assigns.
4.
Structural Reconditioning, Repair and Replacement. From time to time,
the Authority may paint, recondition, or otherwise improve or repair
the Authority Poles in a substantial way ("Reconditioning Work").
The Provider shall reasonably cooperate with the Authority to carry
out Reconditioning Work activities in a manner that minimizes interference
with the Provider's approved use of the facility.
(a)
Prior to commencing Reconditioning Work, the Authority will
use reasonable efforts to provide the Provider with at least 90 days'
prior written notice. Upon receiving that notice, it shall be the
Provider's sole responsibility to provide adequate measures to
cover, remove, or otherwise protect the Provider's Communications
Facility from the consequences of the Reconditioning Work, including
but not limited to paint and debris fallout. The Authority reserves
the right to require the Provider to remove all of the Provider's
Communications Facility from the Authority Pole and surrounding premises
during Reconditioning Work, provided the requirement to remove same
is contained in the written notice required by this subsection. All
cost associated with the protection measures, including temporary
removal, shall be the sole responsibility of the Provider. If the
Authority fails in good faith to give 90 days' notice, it will
not affect the Authority's rights under this Subsection. In all
cases, as much notice as possible should be provided. The Authority
will provide the Provider with a date by which its equipment must
be protected or removed.
(b)
The Provider may request a modification of the Authority procedures
for carrying out Reconditioning Work in order to reduce the interference
with Provider's operation of its Communications Facility. If
the Authority agrees to the modification, the Provider shall be responsible
for all reasonable incremental cost related to the modification.
(c)
If the Authority Poles need to be replaced ("Replacement Work"),
the Authority shall provide Provider with at least 90 day's written
notice to remove its Communications Facilities. The Authority shall
also promptly notify Provider when the Authority Poles have been replaced
and Provider may reinstall its equipment. During the Replacement Work,
the Provider may maintain a temporary Communications Facility on the
property, or after approval by the City, on any land owned or controlled
by City, in the vicinity of the property.
If the Authority Poles need to be repaired due to storm or other
damage ("Repair Work"), the Authority shall notify the Provider to
remove its Communications Facilities as soon as possible. In the event
of an emergency, the Authority shall contact the Provider by telephone
at its emergency contact of record upon or prior to removing the Provider's
equipment. Once the Authority Pole has been replaced or repaired,
the Authority will promptly notify the Provider that it can reinstall
its equipment. During Authority Repair Work, the Provider may maintain
a temporary Communications Facility on the property, or after approval
by the Authority, on any land owned or controlled by the Authority
in the vicinity of the property. All cost associated with any removal
or protection of Communications Facilities shall be the sole responsibility
of the Provider.
h.
Attachment to Authority Poles in the Public ROW.
1.
Make-Ready. For any attachment to Authority Poles in the Public ROW,
the City shall provide a good faith estimate for any make-ready work
necessary to enable the Authority Pole to support the proposed facility,
including Replacement of the Pole if necessary, within 60 days after
receipt of a completed Application requesting attachment to the Authority
Pole. Make-ready work including any Pole Replacement shall be completed
within 120 days of written acceptance of the good faith estimate by
the Provider. Such acceptance shall be signified by payment via check
or other commercially reasonable and customary means specified by
the City.
[Added 3-27-2019 by Ord.
No. 1135-19]
Discretionary Review Required. All other uses not expressly set forth or referenced in § 28-2.2a above shall require compliance with the City's land use ordinance.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
General Principles.
1.
The Authority shall have the power to establish reasonable and non-discriminatory
limitations on the placement of new or additional Facilities within
the Public ROW. In making such decisions, the Authority shall to the
extent possible accommodate all existing users of the Public ROW,
and shall be guided primarily by considerations of the public interest,
including potential negative aesthetic impacts of locating multiple
facilities in one area, the width and physical condition of the Public
ROW, the time of year with respect to essential utilities, the protection
of existing facilities in the Public ROW and established plans for
public improvements and development projects which have been determined
to be in the public's interest.
b.
Additional Requirements.
1.
General. All deployments of Communications Facilities in the Public
ROW shall comply with the following:
2.
Spacing. All new Communications Facilities in the Public ROW shall
be adequately spaced from existing Communications Facilities with
a presumptive mandatory distance between Communication Facilities
of 1,000 feet. For approval of a location for a new Communication
Facility within less than 1,000 feet from an existing Communication
Facility Applicant must establish to the satisfaction of the Authority
that such lesser distance is necessary for adequate Wireless Service.
3.
Design Standards. All aboveground Communications Facilities in the
Public ROW requiring Administrative Review only shall conform to the
following non-discriminatory design guidelines generally applicable
to all facilities in the Public ROW.
(a)
All new Poles, including replacement poles, shall be Decorative
Poles and shall have underground utilities with no above ground wires
or cables.
(b)
The color of new Decorative Poles shall be blue, as per the
shade of blue provided by the City of Wildwood.
(c)
The design of the Decorative Pole to be provided by the City
and either a design with one light fixture or with two light fixtures,
depending on what is most appropriate for the location.
(d)
A Communications Facility installed on an existing pole shall
have installed on the top a dome which conceals the antenna.
4.
Additional Permits. In addition to obtaining a Permit for installation
of a Communications Facility in the Public ROW, an Applicant must
obtain the following additional permits: street opening permit, electrical
permit and building permit.
c.
Mapping Data. Applicants shall provide to the Authority engineer
information indicating the horizontal and approximate vertical location,
relative to the boundaries of the Public ROW, of all equipment which
it owns or over which it has control and which is located in any Public
ROW. Mapping data shall be provided with the specificity and in the
format requested by the City engineer for inclusion in the mapping
system used by the City engineer.
d.
Existing Utility Easements in the Public Right of Way.
1.
Applicants will work with the City engineer to coordinate and protect
existing utilities in the Public ROW.
2.
Applicants will coordinate with the City engineer all public safety
considerations prior to and during installation in the Public ROW
to ensure public safety response in the case of gas line, water line
or electricity disturbance.
[Added 3-27-2019 by Ord.
No. 1135-19]
An Applicant may submit simultaneously not more than five Applications
for a network of multiple Communications Facilities within adjacent,
related geographic areas of the City of Wildwood.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
Violation of any of the provisions of this article shall be a simple
citation punishable with a civil penalty of $1,000 for each violation
which continues more than 20 days after written notice of such violation
is provided to the Applicant. Each day, after such notice, that a
violation occurs or is permitted to exist by the Applicant constitutes
a separate offense.
[Added 3-27-2019 by Ord.
No. 1135-19]
a.
Notwithstanding anything to the contrary in this article, the following
facilities are not subject to the provisions of this article: (1)
antennas used by residential households solely for broadcast radio
and television reception; (2) satellite antennas used solely for residential
or household purposes; and (3) television and AM/FM radio broadcast
Towers and associated facilities.
[Added 3-27-2019 by Ord.
No. 1135-19]
If any section or provision of this article shall be held invalid
in any court of competent jurisdiction, the same shall not affect
the other sections or provisions of this article, which shall remain
valid and operable, and the section or provision so declared invalid
shall be modified so as to be in conformance with law.
[Added Ord. No. 1177-20, 9-23-2020]
a.
All definitions of words, terms and phrases that are set forth in
the Communications Act of 1934, P.L. 73-416, as amended by various
statutory enactments including, but not limited to, the Telecommunications
Act of 1996 P.L. 104-104, are incorporated herein and are made apart
hereof.
b.
All definitions of the words, terms and phrases that are set forth
in the portion of the Middle-Class Tax Relief and Job Creation Act
of 2012, P.L. 112-96, as codified in 47 USC § 455, are incorporated
herein and are made a part hereof.
c.
All definitions of words, terms and phrases that are set forth in
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq.,
are incorporated herein and are made apart hereof.
d.
All of the definitions of words, terms and phrases that are set forth
in the Code of Federal Regulations at 47 C.F.R. § 1.6002,
as amended, are incorporated herein and are made a part hereof.
e.
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
SITING PLAN
SMALL WIRELESS FACILITY
SMART POLE
UTILITY POLE
In addition to the foregoing, the following words, terms and phrases
shall have the meanings indicated unless an alternate meaning clearly
is discernable from the context in which the word, term or phrase
is used:
As defined in 47 U.S.C. § 332(c)(7)(C), as supplemented
and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned by the City of Wildwood within an easement to the public or
other easement owned by the City of Wildwood.
The Siting Plan shall establish the siting locations for
all existing Small Wireless Facilities as well as the approximate
location for all future facilities in the City of Wildwood. The purpose
of the Siting Plan is to ensure that the least number of facilities
necessary to provide sufficient service are sited in the City of Wildwood.
The Siting Plan shall be on file in the office of the Zoning Official.
As defined in the Code of Federal Regulations at 47 C.F.R
§ 1.6002(1), as supplemented and/or as amended.
A decorative utility pole that conceals, disguises or camouflages
one or more Small Wireless Facility installation(s) and may include
other features such as streetlighting, 911 call service access, public
access Wi-Fi and surveillance cameras.
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and like and similar appurtenances.
f.
In the event that a term, word or phrase is not defined in any of
the aforementioned statutes and is not otherwise defined herein then
that term, word or phrase shall have its common, ordinary meaning.
[Added Ord. No. 1177-20, 9-23-2020]
a.
No person shall place a Small Wireless Facility in any right-of-way
without first filing a Small Wireless Facility siting permit application,
in the form specified herein and in accordance with the procedures
specified herein, with the City Clerk and obtaining a siting permit
therefore, except as otherwise may be provided in this article. Upon
approval of a siting permit application, the siting permit authorizing
placement of a Small Wireless Facility in a public right-of-way shall
not be issued by the City Clerk to any applicant unless:
1.
All siting permit application fees and escrow fees, as established
herein, have been paid.
2.
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's siting permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations adopted thereunder, Chapter 15, Streets and Sidewalks,, of the Code of the City of Wildwood, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the City Clerk for inclusion with the applicant's application documents; and
3.
The applicant has entered into a "Right-of-Way Use Agreement," the
approved form of which is set forth in Appendix "B" to this article[1], with the City of Wildwood. The approved form of "Right-of-Way
Use Agreement" may from time-to-time be revised, supplemented or otherwise
amended or replaced. All such revisions, supplements, amendments or
replacements shall be approved by Resolution of the Board of Commissioners.
The City Clerk shall maintain on file the currently approved Right-of-Way
Use Agreement version and shall provide a copy to all siting permit
applicants. Minor deviations to the terms and conditions that are
set forth in the approved form of Right-of-Way Use Agreement may be
approved by the Board of Commissioners at the time that it grants
consent to use a right-of-way to a siting permit applicant.
[1]
Editor's Note: Appendix B is on file in the City offices.
b.
No siting permit authorizing placement of a Small Wireless Facility
in a public right-of-way shall be issued to any applicant unless the
Board of Commissioners, in the manner prescribed by applicable laws
of the State of New Jersey, has granted to the siting permit applicant
its consent to use public rights-of-way within the City.
[Added Ord. No. 1177-20, 9-23-2020]
a.
No application for a Small Wireless Facility siting permit shall
be approved if the application proposes the deployment of a Small
Wireless Facility upon an existing structure in the right-of-way unless
the structure is one of the types of Smart Poles that are set forth
in Appendix "A" to this article[1] and such Smart Pole specifically is designed to accommodate
more than one Small Wireless Facility deployment."
[Amended Ord. No. 1189-21, 2-24-2021]
[1]
Editor's Note: Appendix A is attached to this chapter as Attachment 1.
b.
No Small Wireless Facility shall be installed upon any new structure
within any right-of-way unless the new structure is one of the pre-approved
types of Smart Poles that are identified in Appendix "A" to this article.
Appendix "A" to this article from time-to-time may be revised, supplemented
or otherwise amended or replaced. All such revisions, supplements,
amendments or replacements shall be approved by Resolution of The
Board of Commissioners. The City Clerk shall provide a copy of Appendix
"A" to all siting permit applicants.
c.
No application for a Small Wireless Facility siting permit shall
be approved if the application proposes the deployment of a Small
Wireless Facility in an area other than those specific locations set
forth within the City's Siting Plan, which can be found on file
with Office of the City Clerk. All Small Wireless Facilities must
be placed within 25 feet radius of those specific locations set forth
on the City's Siting Plan. All Smart Poles must be located at
an intersection unless otherwise described in the City's Siting
Plan. No more than one Smart Pole shall be permitted per intersection
or block if the Siting Plan calls for the deployment of a Small Wireless
Facility at any location other than an intersection. No Smart Pole
shall be located within 200 feet of another.
[Amended Ord. No. 1189-21, 2-24-2021]
[Added Ord. No. 1177-20, 9-23-2020]
a.
Application Filing. An application for a siting permit to place one
or more Small Wireless Facility within a right-of-way shall be made
on forms which shall be available from the Office of the City Clerk.
The application, along with the required application fee and the required
escrow fee, shall be filed with the City Clerk. Immediately upon receipt
of an application, the City Clerk shall provide copies of the application
and all supporting documents that were submitted by the applicant
with the application, to the City Engineer, the Construction Official
and the City Solicitor.
b.
Application Form. The Small Wireless Facility siting permit application
shall be made by a provider of personal wireless services, or its
duly authorized representative as noted in a notarized statement from
the provider of personal wireless services on whose behalf the representative
is acting, and shall contain the following:
1.
The applicant's name, address, telephone number and e-mail address;
2.
The names, addresses, telephone numbers, and e-mail addresses of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application ;
3.
A general description of the proposed Small Wireless Facility, existing
structure and new structure work to be performed. The scope and detail
of such description shall be appropriate to the nature and character
of the work to be performed, with particular emphasis on those matters,
including, but not limited to, subservice utilities likely to be affected
or impacted by the work proposed along with a description of such
other governmental permits or approvals as may be required by applicable
law with respect to the proposed installation(s) and a description
of such other permits or approvals for which the applicant has applied;
4.
Authorization for any consultant acting on behalf of the applicant
to speak with the City, or a designee of the City, on the area of
consultation for the applicant even if the applicant cannot be available;
5.
Verification from an appropriate professional that the Small Wireless
Facility shall comply with all applicable federal, state and local
laws, administrative regulations and codes.
c.
An applicant seeking to deploy a network of Small Wireless Facilities,
all of which are to be located in rights-of-way, may file a batched
application for up to 25 Small Wireless Facilities and receive a single
siting permit for multiple Small Wireless Facilities.
[Added Ord. No. 1177-20, 9-23-2020]
a.
The City shall review the application for a Small Wireless Facility
siting permit in light of its conformity with the provisions of this
article, and shall approve a siting permit on nondiscriminatory terms
and conditions subject to the following requirements:
1.
Within 10 days of receiving an application , the City Clerk shall
determine and notify the applicant:
(a)
Whether the application is complete;
(b)
If the application is incomplete, what specific information is missing;
and
(c)
Whether the deployment of the Small Wireless Facilities as proposed
requires the applicant to apply for other permits, such as a street
opening permit or construction permit, for which the applicant has
not yet applied. No Small Wireless Facility siting permit application
shall be deemed complete until the applicant has applied for all other
permits and approvals required by all other laws and regulations that
are applicable to the applicant's proposed Small Wireless Facility
deployment.
b.
Time frame.
1.
The City shall make its final decision to approve or deny the application
within the following time frames:
(a)
Sixty days from the submission of a complete application to install
a Small Wireless Facility upon one or more existing structures.
(b)
Ninety days from the submission of a complete application to install
a Small Wireless Facility upon one or more new structures.
(c)
Ninety days from the submission of a complete batched application
to install Small Wireless Facilities upon both existing and new structures.
2.
The time frames described above by which an application shall be
either approved or denied may be extended by mutual consent of the
applicant and the City. Such consent shall be set forth on a form
for such purposes which shall be available from the Office of the
City Clerk. Such consent on behalf of the City shall be exercised
by the Board of Commissioners in its reasonable discretion.
c.
The City Clerk shall notify the applicant in writing of the final
decision, and if the application is denied:
d.
Notwithstanding an initial denial, the applicant may cure any deficiencies
identified by the City within 30 days of the denial without paying
an additional application fee, provided the City Clerk shall approve
or deny the revised application within 30 days of receipt of the amended
application which shall be limited to the deficiencies specified in
the original notice of denial.
e.
If the City fails to act upon an application within the time frames
prescribed by this section, the applicant may provide written notice
to the City that the application review and decision period has lapsed.
Upon receipt of such notice, The Board of Commissioners, by resolution
adopted no later than its second regularly scheduled public meeting
next following receipt of the notice, shall either deny the application
or direct that the siting permit shall be approved and issued. Nothing
in this paragraph is intended in any way to impact any other right
or remedy that may be available to the applicant under applicable
federal or state law if the City fails to act upon an application
within the time frames prescribed by this section.
f.
A siting permit from the City authorizes an applicant to undertake
only certain activities in accordance with this article. No approval
or consent granted, or siting permit issued, pursuant to this article
shall confer any exclusive right, privilege, license or franchise
to occupy or use any public right-of-way within the City of Wildwood
for the delivery of telecommunications services or for any other purpose.
[Added Ord. No. 1177-20, 9-23-2020]
No siting permit issued under this article shall be valid for
a period longer than 12 months unless construction has actually begun
and continuously and diligently is pursued to completion. Upon written
request from the applicant, the Board of Commissioners, upon consultation
with the Construction Official, may extend the siting permit for a
period of up to 12 months so long as construction has begun at the
time that the applicant's request for an extension is made.
[Added Ord. No. 1177-20, 9-23-2020]
a.
A Small Wireless Facility siting permit shall not be required for:
1.
Routine maintenance of a Small Wireless Facility; and
2.
The replacement of a Small Wireless Facility with another Small Wireless
Facility that is substantially similar or smaller in size, weight
and height to the Small Wireless Facility that is being replaced.
3.
Provided, however, that on a location where the City and/or another
provider has placed equipment or facilities, any routine maintenance
or replacement that is done shall not occur until written authorization
from the City and/or the other provider, as the case may be, to proceed
is provided to the City, which authorization to proceed shall not
unreasonably be withheld by the City and/or the other provider.
4.
Provided further that if the replacement of a Small Wireless Facility
with another Small Wireless Facility includes replacement of the structure
to which the Small Wireless Facility is attached then an application
for a siting permit shall be required.
[Added Ord. No. 1177-20, 9-23-2020]
a.
All applications for approval and issuance of a Small Wireless Facility
siting permit pursuant to this article shall be accompanied by a fee
as follows:
1.
For applications that do not include the installation of any new
structures within a right-of-way the application fee shall be $500
for up to five Small Wireless Facilities with an additional $100 for
each Small Wireless Facility beyond five.
2.
For applications that include the installation of a new structure
within a right-of-way the application fee shall be $1,000 for up to
five Small Wireless Facilities with an additional $100 for each Small
Wireless Facility beyond five.
[Added Ord. No. 1177-20, 9-23-2020]
a.
In addition to the application fee, all applications for approval
and issuance of a Small Wireless Facility siting permit shall be accompanied
by an escrow fee as follows:
b.
The escrow account deposits are required to pay for the costs of
professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analyses related to the City's review
of the materials submitted by the applicant and the preparation of
any reports or any necessary legal agreement regarding rights-of-way
use. An applicant is required to reimburse the City for all fees,
costs and expenses of third-party professionals and consultants incurred
and paid by the City for the review process of a Small Wireless Facility
siting permit application, such as, but not limited to:
1.
Professional fees for reviews by third-party professionals or consultants
of applications, plans and accompanying documents, which shall be
paid as follows:
(a)
35% of any application fee paid by applicant for wireless siting,
street opening, fiber deployment;
(b)
30% of first year's rent for any new wireless lease, dropping
to 10% of each subsequent year's rent through year 10;
(c)
15% of first year's rent for any lease renewal, dropping
to 5% for each subsequent year through year 10;
2.
Issuance of reports or analyses by third-party professionals or consultants
to the City setting forth recommendations resulting from the review
of any documents submitted by the applicant;
3.
Charges for any telephone conference(s) or meeting(s), including
travel expenses, requested or initiated by the applicant, the applicant's
attorney or any of the applicant's experts or representatives;
4.
Review of additional documents submitted by the applicant and issuance
of reports or analyses relating thereto;
5.
Review or preparation of right-of-way use agreements, easements,
deeds, right-of-way municipal consent ordinances or resolutions and
any and all other like or similar documents; and
6.
Preparation for and attendance at all meetings by third-party professionals
or consultants serving the City, such as the City Attorney, City Engineer
and City Planner or other experts as required.
c.
The escrow account deposits shall be placed in a separate account
by the City's Chief Financial Officer at the request of the City
Clerk and an accounting shall be kept of each applicant's deposit.
Thereafter:
1.
All third-party professional or consultant fees, costs, expenses
and charges shall be paid from the escrow account and charged to the
applicant;
2.
Upon either final denial of a Small Wireless Facility siting permit
application or upon issuance of a Small Wireless Facility siting permit,
any moneys not expended for third-party professional or consulting
services shall be returned to the applicant within 90 days upon written
request by the applicant and as authorized by the The Board of Commissioners;
3.
If at any time during the application review process 75% of the money
originally posted shall have been expended, the applicant shall be
required to replenish the escrow deposit to 100% of the amount originally
deposited by the applicant;
4.
No Small Wireless Facility siting permit application shall be considered
complete until such time as the required escrow fee has been posted
to guarantee payment of third-party professional or consultant fees,
costs, expenses and charges;
5.
All payments charged to the escrow deposit shall be pursuant to vouchers
from the third-party professionals or consultants stating the hours
spent, the hourly rate and the fees, costs, expenses and charges incurred;
6.
Third-party professionals and consultants submitting charges pursuant
to this section shall be permitted to charge for such services at
the same rates as they would charge their private clients for like
or similar work provided that:
(a)
Professional fees are billed at rates that do not exceed such
professional fees as are customarily charged by other like professionals
and consultants performing similar work within Cape May County; and
(b)
Out-of-pocket costs, expenses and charges are billed on a dollar-for-dollar
basis with no mark-up being permitted;
7.
The City shall render a written final accounting to the applicant
on the uses to which the escrow deposit was put. The written final
accounting shall include copies of all vouchers that were submitted
by third-party professionals and consultants and paid by the City.
[Added Ord. No. 1177-20, 9-23-2020]
An applicant whose siting permit includes the installation of
any new Smart Pole structure of any of the types that are included
in Appendix "A" to this article shall provide the City with access
to any of the technological features that are a component the new
Smart Pole structure such as, for example, public access Wi-Fi, 911
call service or security cameras, before the applicant offers such
access to any other person or entity. Should the City decide to utilize
any such technological features then the City, on an annual basis,
shall reimburse the applicant or the subsequent owner of the structure,
the costs, on a dollar-for-dollar basis, of providing the City with
such access. Such costs shall be limited to the costs of providing
electricity to the components used by the City and the costs of any
repairs required to be made to the components used by the City, unless
the repair costs are necessitated by the acts of the applicant or
subsequent owner of the structure, without regard to whether such
acts are negligent or intentional.
