City of Long Branch, NJ Article XIII Telecommunications

[Added 7-14-2021 by Ord. No. 17-21]

§ 345-132 Wireless telecommunications towers and facilities.

A. Purpose and intent. The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers on City-owned property where appropriate or in other nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage the use of existing buildings, telecommunications towers, light or utility poles or water towers as opposed to construction of new telecommunications towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; ensure that all telecommunications facilities, including towers, antennas and ancillary facilities, are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of telecommunications towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the City of Long Branch shall give due consideration to the City of Long Branch's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Definitions. As used in this section, the following items shall have the meanings indicated:

ANCILLARY FACILITIES

The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

ANTENNA

Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.

CARRIER

A company that provides wireless services.

CO-LOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

FAA

The Federal Aviation Administration.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

The Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GUYED TOWER

A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1) Roof-mounted: mounted on the roof of a building.

(2) Side-mounted: mounted on the side of a building.

(3) Ground-mounted: antenna support (tower) mounted on the ground.

(4) Structure-mounted: mounted on a structure other than a building.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

The emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 megahertz (MHz) to 300,000 MHz.

STEALTH DESIGN

A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").

TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

C. Site design standards. The proposed telecommunications device/array is only to be installed upon an existing tower or building (the construction of any new towers or poles is prohibited) following site design standards that shall apply to wireless telecommunications facilities:

(1) Aesthetics. Antennas shall meet the following requirements:

(a) Antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(b) At an antenna site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(2) Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

(a) The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.

(b) No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(3) Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.

(4) Antennas mounted on existing structures or rooftops.

(a) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure, provided that:

[1] Side- and roof-mounted personal wireless service facilities or facade-mounted antennas on existing structures shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.

[2] The antenna complies with all applicable FCC and FAA regulations.

[3] The antenna complies with all applicable building codes.

[4] The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

[5] The minimum height of the proposed antenna shall be 40 feet, and the maximum height of the proposed antenna shall be the minimum height necessary for the proposed installation to satisfactorily operate. The maximum height of any proposed rooftop antenna and/or equipment cabinet(s) shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, provided that no equipment cabinet shall be located on the rooftop of any building less than 60 feet in height. In no event shall any rooftop installation extend more than eight feet above the roof slab. For a proposed wireless telecommunications tower, maximum height shall not exceed 100 feet.

[6] For location on an existing building or structure, microcell antenna(s) shall be surface mounted on the building facade so as to blend with the architectural features of the building. Antennas placed on a rooftop shall be set back as far as possible from the edge of the roof and clustered to the greatest extent possible around existing rooftop appurtenances.

[7] The height of rooftop equipment facilities shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, and shall be fully enclosed by stealth screening in a color which will match those of the existing rooftop accessory structures as closely as possible, such that the total of all rooftop appurtenances, including the subject equipment, does not exceed 30% of the roof area.

(5) Aesthetics. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(a) Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

[1] A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.

[2] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

[3] On-site location.

[a] A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within 50 feet of its existing location.

[b] After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

D. Co-location.

(1) The City of Long Branch mandates that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. Co-location shall be required for no less than three carriers, and a letter of intent by the applicant to meet the co-location requirement shall be provided with their application. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:

(a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities.

(b) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county.

(c) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(d) A copy of a proposed lease or affidavit of compliance with this section.

(2) In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the City. The City may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The City may deny approval to an applicant that has not demonstrated a good faith effort to provide for co-location.

(3) If the applicant does intend to collocate or to permit co-location, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.

E. Site plan submission requirements. In addition to the site plan submission requirements of § 345-14 and other applicable sections of Chapter 345, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

(1) Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the City of Long Branch at the time full service is provided by the applicant throughout the City, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the City and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the City of Long Branch. The comprehensive service plan shall indicate the following:

(a) Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the City of Long Branch.

(b) How the proposed location of the antennas relates to the location of any existing towers within and/or near the City of Long Branch.

(c) How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the City of Long Branch by both the applicant and by other providers of telecommunications services within the City of Long Branch.

(d) How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.

(e) How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the City of Long Branch while, at the same time, limiting the number of towers to the fewest possible.

(2) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

(3) Legal description of the entire tract and leased parcel (if applicable).

(4) The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.

(5) The separation distance from other towers and antennas.

(6) A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.

(7) Method of fencing and finished color and, if applicable, the method of camouflage.

(8) A description of compliance with all applicable federal, state or local laws.

(9) A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(10) Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the City.

(11) A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

(12) A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board Planning Consultant to ensure that various potential views are represented.

(13) An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:

(a) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(b) Be performed by an RF engineer, health physicist or similar knowledgeable individual.

(c) Follow current methods recommended by the FCC for performing such analyses.

F. Monitoring and maintenance.

(1) After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this bylaw.

(2) The applicant and coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but shall not be limited to painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.

G. Abandonment or discontinuation of use.

(1) At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the City Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.

(2) Upon abandonment or discontinuation of use, at the option of the City, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

(a) Removal of antennas, mount, equipment shelters and security barriers for the subject property.

[1] Upon removal of mount, confirm no impacts to structural integrity of tower and perform painting as necessary.

[2] Confirm whether any ground equipment will be removed. If so, plans for removal and restoration of the area should be provided. If not, confirm ownership of same.

(b) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(c) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

(3) If a carrier fails to remove a personal wireless service facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event that the City must remove the facility.

H. The fee for antennas/telecommunications towers shall be $100 per review plus escrow pursuant to § 345-133G(3).

§ 345-133 Licensing of telecommunications facilities.

A. Definitions. For the purpose of this section, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:

AFFILIATE

A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.

CITY

The City of Long Branch.

CITY COUNCIL

The governing body of the City of Long Branch.

CITY PROPERTY

Includes all real property owned by the City, other than "public streets" and "utility easements" as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to the right-of-way licensing as provided in this chapter.

CO-LOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

EXCESS CAPACITY

The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.

EXISTING POLE

A pole that is in lawful existence within the public right-of-way.

OTHER WAYS

The highways, streets, alleys, utility easements or other rights-of-way within the City but under the jurisdiction and control of a governmental entity other than the City.

OVERHEAD FACILITIES

Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

PERSON

Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

POLE

A long, slender, rounded support structure constructed of wood or metal located in the public right-of-way.

PROPOSED POLE

A pole that is proposed to be placed in the public right-of-way.

PUBLIC STREET

Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.

PUBLIC WAY

Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.

SMALL WIRELESS FACILITIES

Consistent with 47 CFR 1.6002(1), facilities that meet the following conditions:

(1) The facilities:

(a) Are mounted on structures 30 feet or less in height, including their antennas; or

(b) Are mounted on structures no more than 10% taller than other adjacent structures; or

(c) Do not extend existing structures on which they are located to a height of more than 30 feet or by more than 10%, whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

(4) The facilities do not require antenna structure registration under 47 CFR Part 17; and

(5) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

STATE

The State of New Jersey.

SURPLUS SPACE

That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Board of Public Utilities, to allow its use by a telecommunications carrier for a pole attachment.

TELECOMMUNICATIONS CARRIER

Includes every person that directly or indirectly owns, controls, operates or manages a plant, equipment, or property within the City, used or to be used for the purpose of offering telecommunications service.

TELECOMMUNICATIONS FACILITIES

The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

TELECOMMUNICATIONS PROVIDER

Includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.

TELECOMMUNICATIONS SERVICE

The providing or offering for rent, sale or lease, or an exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

TREE

Any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.

UNDERGROUND FACILITIES

Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.

USABLE SPACE

The total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Board of Public Utilities (BPU).

UTILITY EASEMENT

Any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.

UTILITY FACILITIES

The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services.

B. Telecommunications license required. Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the City for the sole purpose of providing telecommunications service to persons in areas outside the City shall first obtain a license granting the use of such public ways from the City pursuant to this chapter. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the City must also obtain a license granting the use of such public ways from the City; such applicants must submit the application information set forth in § 345-133F, and consideration and approval of such applications shall be at the sole discretion of the City Director of Planning subject to the review and recommendation by the City Engineer and the City Attorney.

C. Violations and penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be punishable as provided in Chapter 1, § 1-16A, Maximum penalties. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.

D. Other remedies. Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.

E. Agreement. No license granted hereunder shall be effective until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the City will be granted.

F. Small wireless facilities license application information. Any person that desires a telecommunications license for a small wireless facility pursuant to this chapter shall file an application with the City which shall include the following information:

(1) The identity of the license applicant, including all affiliates of the applicant.

(2) A description of the telecommunications services that are or will be offered or provided by the licensee over its telecommunications facilities.

(3) A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.

(4) Preliminary engineering plans, specifications and a comprehensive pole master plan map of the facilities to be located within the City, all in sufficient detail to identify:

(a) The location requested for the applicant's proposed small wireless facilities.

(b) A description of the type and height of the structure on which the small wireless facilities are being mounted, and a description of the proximity of the equipment to any other equipment on the same structure.

(c) The size and weight of the proposed equipment.

(d) A description of any proposed lighting and, if any, proposed focusing/shielding to avoid projection towards adjacent/nearby properties.

(e) A description of the noise output of the proposed small wireless facility in decibels.

(f) A description of any proposed excavation.

(g) Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b) and pursuant to § 345-132G(1) of the Code of the City of Long Branch.

(h) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way at the proposed site.

(i) The location(s), if any, for interconnection with the telecommunications facilities of other communications carriers.

(j) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.

(5) If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

(a) The excess capacity currently available in such ducts or conduits before installation of the applicant's telecommunications facilities.

(b) The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.

(6) If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:

(a) The location proposed for the new ducts or conduits.

(b) The excess capacity that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.

(7) Identification of the type of pole being used. The City of Long Branch mandates that applicants first look to collocate on existing poles in the right-of-way. Co-location on existing poles in the public right-of-way shall be given preference to proposed new pole locations. Whenever possible, applicants should look to collocate with other carriers on existing poles. The application for a proposed new pole location shall be denied if suitable existing poles are available in the requested area, pursuant to the discretion of the Director of Planning. If the applicant is requesting the installation of a proposed pole and the request is granted, the applicant must be willing to allow other carriers to collocate on the pole. The City standard pole must be used for all new pole installations. The City standard pole shall be selected by the City Engineer.

(8) If the applicant is proposing construction of facilities above ground, but below a height of 15 feet, the applicant shall submit a survey with a minimum fifty-foot radius that is adequate to demonstrate no negative impacts to sight distance or sight triangle. Such survey shall be submitted in NAVD88 datum.

(9) The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.

(10) A preliminary construction schedule and completion date.

(11) A preliminary traffic control plan in accordance with the New Jersey Department of Transportation regulations.

(12) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.

(13) Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.

(14) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.

(15) All fees, deposits or charges required pursuant to this chapter.

G. Small wireless facilities fees, and escrows.

(1) Applicants seeking to install up to five small wireless facilities shall pay an initial application fee of $500. An additional $100 shall be required for each small wireless facility beyond five.

(2) An annual fee of $275 per small wireless facility per year for access to and inspection of such facilities shall be required.

(3) Pursuant to N.J.S.A. 54:30A-124, the City shall recover reasonable professional fees for actual services incurred in the review of applications under this chapter. The applicant shall make a deposit in an escrow account for professional fees in the amount of $2,000. If said escrow account contains insufficient funds to enable the City to perform its review, the Chief Financial Officer shall provide the applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 15 days, post a deposit to the account in an amount to be mutually agreed upon.

H. Review of small wireless facilities applications. Applicants seeking to install small wireless facilities within the City, including within the public right-of-way, shall submit an application to the City. Small wireless facilities applications shall be reviewed by the City pursuant to the following:

(1) The City Director of Planning shall review applications to co-locate small wireless facilities on existing structures within 60 days of receipt of the application, and applications for new construction of small wireless facilities within 90 days. Batch applications seeking both to collocate and to construct new small wireless facilities shall be reviewed within 90 days.

(2) The time period for review shall be tolled during any period in which the applicant is notified that it has not submitted a complete application.

(3) Complete applications that comply with the standards set forth in § 345-133F shall be granted within the applicable time period.

I. Nonexclusive grant. No license granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunications services or any other purposes.

J. Rights granted. No license granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.

K. Term of grant. Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.

L. License route. A small wireless facilities license granted under this chapter shall be limited to a grant of specific public ways and defined portions thereof.

M. Construction permits. All licensees are required to obtain construction permits as required by applicable law for small wireless facilities; provided, however, that nothing in this chapter shall prohibit the City and a licensee from agreeing to alternative plan review, permit and construction procedures, provided such alternative procedures provided substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.

N. Amendment of grant.

(1) A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its small wireless facilities in public ways of the City which are not included in a license previously granted under this chapter.

(2) If ordered by the City to locate or relocate its small wireless facilities in public ways not included in a previously granted license, the City shall grant a license amendment without further application.

O. Renewal applications. A licensee that desires to renew its license under this chapter shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the City for renewal of its license which shall include the following information:

(1) The information required pursuant to § 345-133F of this chapter.

(2) Any information required pursuant to the license agreement between the City and the grantee.

(3) Such additional reasonable and relevant information as may be determined by the City Director of Planning as essential for acting upon the renewal application.

P. Renewal determinations. Within 90 days after receiving a complete application under § 345-133F hereof, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.

(1) The financial and technical ability of the applicant.

(2) The legal ability of the applicant.

(3) The continuing capacity of the public ways to accommodate the applicant's existing facilities.

(4) The applicant's compliance with the requirements of this chapter and the license agreement.

(5) Applicable federal, state and local telecommunications laws, rules and policies.

(6) Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.

Q. Obligation to cure as a condition of renewal. No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City.

R. Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this chapter are separate from, and additional to, any and all federal, state, local and City taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.

S. Small wireless facilities standards. Small wireless facilities shall be co-located on existing structures whenever possible and to the extent feasible. Co-location of small wireless facilities is preferred to construction of new structures intended to solely support a small wireless facility, unless the new structure is designed to conceal the small wireless facility.

(1) Absent a showing of necessity, the following shall apply:

(a) There shall be no more than one small wireless facility located on any single structure.

(b) Small wireless facilities shall not be located within 200 feet of any existing small wireless facilities.

(2) No new small wireless facilities shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right-of-way.

(3) Any required accessory equipment, not including the antenna, shall be located underground to the extent possible. Accessory equipment that cannot be located underground must be located on the structure. No accessory equipment may be located on the ground adjacent to the structure. Antennas and associated equipment for small wireless facilities located in a flood zone shall be mounted on the supporting structure at or above the FEMA base flood elevation plus any federal, state or local freeboard requirement or shall be located in a floodproof underground cabinet.

(4) Any disturbance to the public right-of-way as a result of the construction of the small wireless facilities shall be restored to its original condition post construction to the satisfaction of the City Engineer

T. Compliance with other regulations. All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of the BPU and of the applicable state, federal and local regulations.

U. Interference with public ways prohibited. No licensee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the licensee, temporarily or permanently, as determined by the City Engineer.

V. Damage to property. No licensee nor any person acting on a licensee's behalf shall take any action or permit any action to be done which may impair or damage any City property, public ways of the City, other ways or other property located in, on or adjacent thereto.

W. Notice of works. Unless otherwise provided in a license agreement, no licensee nor any person acting on the licensee's behalf shall commence any nonemergency work in or about the public ways of the City or other ways within 10 working days' advance notice to the City.

X. Repair and emergency work. In the event of an unexpected repair or emergency, a licensee may commence such repair and emergency response work as required under the circumstances, provided that the licensee shall notify the City as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.

Y. Maintenance of facilities. Each licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

Z. Relocation or removal of facilities. Within 30 days following written notice from the City, a licensee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

(1) The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways.

(2) The operations of the City or other governmental entity in or upon the public ways.

AA. Removal of unauthorized facilities. Within 30 days following written notice from the City, any licensee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the City shall, at its own expense, remove such facilities or appurtenances from the public ways of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

(1) Upon expiration or termination of the licensee's telecommunications license.

(2) Upon abandonment of a facility within the public ways of the City.

(3) If the system or facility was constructed or installed without the prior grant of a telecommunications license.

(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit.

(5) If the system or facility was constructed or installed at a location not permitted by the licensee's telecommunications license.

BB. Emergency removal or relocation of facilities. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

CC. Damage to licensee's facilities. Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the City.

DD. Restoration of public ways, other ways and City property.

(1) When a licensee or any person acting on its behalf does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City.

(2) If weather or other conditions do not permit the complete restoration required by this section, the licensee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense, and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

(3) A licensee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and as required by the Traffic Control Plan, § 345-133UU of this chapter.

(4) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities shall be replaced or restored as nearly as may be practicable, to its condition existing prior to the start or construction or performance of work. All restoration work within the public ways shall be done in accordance with landscape plans approved by the City Engineer and as required by this chapter.

EE. Facilities maps. Each licensee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. In addition, the licensee shall provide a computer-aided design and drafting file containing the facilities' mapping in the GIS file format (.dwg and .pdf). Each licensee shall provide updated maps annually.

FF. Duty to provide information. Within 10 days of a written request from the City, each licensee shall furnish the City with information sufficient to demonstrate:

(1) That the licensee has complied with all requirements of this chapter.

(2) All books, records, maps and other documents, maintained by the licensee with respect to its facilities within the public ways, shall be made available for inspection by the City at reasonable times and intervals.

GG. Licensee insurance.

(1) Unless otherwise provided in a license agreement, each licensee shall, as a condition of the license, secure and maintain the following liability insurance policies insuring both the licensee and the City, and its elected and appointed officers, officials, agents and employees as coinsureds.

(a) Comprehensive general liability insurance with limits not less than:

[1] For bodily injury or death to each person: $5,000,000.

[2] For property damage resulting from any one accident: $5,000,000.

[3] For all other types of liability: $5,000,000.

(2) Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.

(3) Workers' compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.

(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.

(5) The liability insurance policies required by this section shall be maintained by the licensee throughout the term of the telecommunications license, and such other period of time during which the licensee is operating without a license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered or certified mail, of a written notice, addressed to the City Clerk, of such intent to cancel or not to renew."

(6) Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to said cancellation, the licensee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section.

HH. General indemnification. Each license agreement shall include, to the extent permitted by law, the licensee's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorneys' fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the licensee or its affiliates, officers, employees, agents, contractors or subcontracts in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.

II. Construction and completion bond. Unless otherwise provided in a license agreement, a performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the licensee's telecommunications facilities within the public ways of the City shall be deposited before construction is commenced.

(1) The construction bond shall remain in force until released by the City. The licensee may apply, in writing, for such release upon the lapse of at least 60 days after substantial completion of the work, as determined by the City Engineer, including restoration of public ways and other property affected by the construction. The City Engineer shall, within 45 days of receipt of the licensee's written request for release, file a written recommendation with the governing body concerning the release. The City Director of Planning shall take formal action on the request for release within 45 days of the filing of the City Engineer's recommendation.

(2) The construction bond shall guarantee, to the satisfaction of the City:

(a) Timely completion of construction;

(b) Construction in compliance with applicable plans, permits, technical codes and standards;

(c) Proper location of the facilities as specified by the City;

(d) Restoration of the public ways and other property affected by the construction;

(e) The submission of as-built drawings, as well as a computer-aided design and drafting files containing the drawings in the GIS format (.dwg and .pdf), after completion of the work as required by this chapter; and

(f) Timely payment and satisfaction of all payments then due to the City, all claims, demands or liens for labor, material or services provided in connection with the work.

JJ. Coordination of construction activities. All licensees are required to cooperate with the City and with each other.

(1) By February 1 of each year, licensees shall provide the City with a schedule of their proposed construction activities in, around or that may affect the public ways.

(2) Each licensee shall meet with the City, other licensees and users of the public ways annually or as determined by the City to schedule and coordinate construction in the public ways.

(3) All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer, to minimize public inconvenience, disruption or damages.

KK. Assignments or transfers of license. Ownership or control of a telecommunications system or license may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the licensee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, as expressed by formal act and then only on such reasonable conditions as may be prescribed therein.

(1) No license shall be assigned or transferred in any manner within 12 months after the initial grant of the license, unless otherwise provided in a license agreement.

(2) Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.

(3) The licensee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than 150 days prior to the proposed date of transfer:

(a) Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;

(b) All information required of a telecommunications license applicant pursuant to this chapter with respect to the proposed transferee or assignee;

(c) Any other information reasonably required by the City.

(4) No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this chapter.

(5) Unless otherwise provided in a license agreement, the grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications license.

(6) Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the City under this section or pursuant to a license agreement shall be void and is cause for revocation of the license.

LL. Transactions affecting control of grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the licensee or of a telecommunications system, or of control of the capacity or bandwidth of the licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to § 345-133KK hereof. Transactions between affiliated entities are not exempt from City approval.

MM. Revocation or termination of license. A license granted by the City to use or occupy public ways of the City may be revoked for the following reasons:

(1) Construction or operation in the City or in the public ways of the City contrary to a license grant.

(2) Construction or operation at an unauthorized location.

(3) Unauthorized substantial transfer of control of the licensee.

(4) Unauthorized assignment of a license.

(5) Unauthorized sale, assignment or transfer of the licensee's assets, or a substantial interest therein.

(6) Misrepresentation or lack of candor by or on behalf of a licensee in any application to the City.

(7) Abandonment of telecommunications facilities in the public ways.

(8) Failure to relocate or remove facilities as required in this chapter.

(9) Failure to pay fees and costs when and as due the City.

(10) Insolvency or bankruptcy of the licensee.

(11) Violation of material provisions of this chapter.

(12) Violation of the material terms of a license agreement.

NN. Notice and duty to cure. In the event that the City Director of Planning believes that grounds exist for revocation of a license, it shall give the licensee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the licensee a reasonable period of time not exceeding 30 days to furnish evidence:

(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.

(2) That rebuts the alleged violation or noncompliance.

(3) That it would be in the public interest to impose some penalty or sanction less than revocation.

OO. Hearing. In the event that a licensee fails to provide evidence reasonably satisfactory to the City Director of Planning as provided in § 345-133NN hereof, the Director shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.

PP. Standards for revocation or lesser sanctions. If persuaded that the licensee has violated or failed to comply with material provisions of this chapter, or of a license agreement, the Director shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

(1) Whether the misconduct was egregious.

(2) Whether substantial harm resulted.

(3) Whether the violation was intentional.

(4) Whether there is a history of prior violations of the same or other requirements.

(5) Whether there is a history of overall compliance.

(6) Whether the violation was voluntarily disclosed, admitted or cured.

QQ. General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this chapter.

RR. Construction codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state, and local codes, rules and regulations, including the Electrical Code and Uniform Construction Code currently in effect.

SS. Construction permits. No person shall construct or install any telecommunications facilities within the City without first obtaining a license therefor; provided, however, that no license shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license pursuant to this chapter.

TT. Engineer's certification. All license applications shall be accompanied by the certification of a professional engineer licensed in New Jersey that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.

UU. Traffic control plan. All license applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the New Jersey Department of Transportation regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The plan will be submitted to the Long Branch City Chief of Police for review and approval. The City may require the applicant to hire traffic directors (off-duty police officers) on an as-needed basis.

VV. Construction schedule. The licensee shall submit a written construction schedule to the City Engineer 10 working days before commencing any work in or about the public ways. The licensee shall further notify the City Engineer not less than two working days in advance of any excavation or work in the public ways.

WW. Display of license. The licensee shall maintain a copy of the license and approved plans at the construction site, which shall be displayed and made available for inspection by the City Engineer or his representatives at all times when construction work is occurring.

XX. Survey of underground facilities. If the license specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the licensee shall cause the location of such facilities to be verified by a licensed New Jersey land surveyor. The licensee shall relocate any facilities which are not located in compliance with license requirements.

YY. Noncomplying work. Upon order of the City Engineer, all work which does not comply with the license, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed.

ZZ. Completion of construction. The licensee shall promptly complete all construction activities so as to minimize disruption of the City ways and other public and private property. All construction work authorized by a license within City ways, including restoration, must be completed within 120 days of the date of issuance.

AAA. As-built drawings. Within 60 days after completion of construction, the licensee shall furnish the City with two complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. This information shall be provided through computer-aided design and drafting files in a GIS file format (.dwg and .pdf).

BBB. Exceptions. Unless otherwise provided in a license agreement, all telecommunications carriers are subject to the requirements of this chapter.

CCC. Responsibility of owner. The owner of the facilities to be constructed and, if different, the licensee, are responsible for performance of and compliance with all provisions of this chapter.