[Adopted 1-23-2020 by Ord. No. 2020-01]
A.
Statement of purpose. The Borough finds and declares that it is necessary
to set forth clear standards in relation to the siting of poles cabinets
and antennas for the benefit of its citizens and any utilities which
use the Borough's rights-of-way. The purpose of this chapter is to
protect the property of the Borough and its citizens by creating a
permit system for all new poles, antennas and cabinets which are proposed
to be placed in the municipal right-of-way.
For purposes of this Chapter 405, the following definitions shall apply:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineering, planning or attorney fees such as are normally charged
for approval escrows.
The Borough Council of the Borough of Seaside Park.
A small box-like or rectangular structure used to facilitate
utility or wireless service in the municipal right-of-way.
The part of the electrical system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Borough as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Ocean where the Borough's approval is required for
the use of the same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded piece of wood or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
Any lands, areas, buildings or installations owned by the
Borough of Seaside Park or any of its Departments, agencies or commissions,
and shall include municipal Board of Education lands, areas, buildings
or installations.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Borough, setting forth applicant's compliance
with the requirements of this chapter.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
A cabinet that is located beneath the surface of the ground.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes of the State
of New Jersey.
Notwithstanding any franchise or right-of-way agreement to the
contrary, all facilities proposed to be placed within the municipal
right-of-way by a utility regulated by the Board of Public Utilities
and all other entities lawfully regulating any facility, equipment,
antenna, cabinet or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this chapter and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
A.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first entering in to a right-of-way
agreement pursuant to the provisions of this chapter.
B.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first entering in to a right-of-way
agreement pursuant to the provisions of this chapter.
C.
The terms of said right-of-way agreement shall include:
(1)
A term not to exceed 10 years;
(2)
Reasonable insurance requirements;
(3)
A fine for unauthorized installations;
(4)
A reference to the siting standards set forth in this chapter;
(5)
Annual inspection fees to ensure adequate and reasonable maintenance;
(6)
Requirements regarding removal of any equipment at the end of the
term or in the event the technology becomes obsolete; and
(7)
Any other items which may be reasonably required for the applicant's
operation within the municipal right-of-way.
A.
No pole, antenna or cabinet shall be installed in the municipal right-of-way
without the issuance of a right-of-way permit for that installation.
B.
No right-of-way permit shall be issued for installation of a pole,
antenna or cabinet unless the applicant can demonstrate with competent
evidence it is unable to share equipment with a carrier or collocate
on an existing pole.
C.
Pole siting standards.
(1)
Height. No pole shall be taller than 35 feet or 110% of the height
of poles in the surrounding streetscape, whichever is higher.
(2)
Distance from the curb line: No pole shall be farther than 18 inches
from the curb line.
(3)
Location, safety and aesthetics: No pole shall be erected in the
municipal right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved pursuant to a land development application by the
Borough's Land Use Board pursuant to a land use application; or
(c)
Is located on the opposite side of the street from a part of
the electrical distribution system; and
(d)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street; and
(e)
Is not located in an area with underground utilities; and
(f)
Does not inhibit any existing sight triangles; and
(g)
Allows adequate room for the public to pass and repass along
and across the public right-of-way; and
(h)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties.
D.
Cabinet preference.
(1)
Underground cabinets/vaults are the preferred method of cabinet siting
within the Borough of Seaside Park and permitted in the municipal
right-of-way in all zones.
(2)
If the underground cabinet/vaults are not feasible and cannot be
reasonably installed, pole-mounted cabinets are the next preferred
method of cabinet siting.
(3)
If neither underground cabinet/vaults nor pole-mounted cabinets are feasible methods of siting, then ground level cabinets are permissible except as provided in Subsection G below.
(4)
It is incumbent on the applicant to demonstrate with evidence the
non-feasibility of the preferred methods and the reasons the option
elected is the only feasible option based upon the totality of the
circumstances.
E.
Underground cabinet/vault site location. Underground cabinets/vaults
are the preferred method of cabinet siting within the Borough of Seaside
Park and permitted in all municipal rights-of-way.
F.
Pole-mounted cabinet site location. Pole-mounted cabinets are second
preferred method of siting and permitted in all municipal rights-of-way.
An applicant must demonstrate that underground cabinets/vaults are
not feasible and cannot be reasonably installed based upon the totality
of the circumstances.
G.
Ground level cabinet site location.
(1)
Ground level cabinets are the least preferred method of siting. An
application must demonstrate that underground cabinet/vault and pole-mounted
cabinets are not feasible based upon the totality of the circumstances.
(2)
Ground level cabinets are prohibited on the east side of Ocean Avenue
and the west side of Bayview Avenue.
H.
Siting standards:
(1)
Pole-mounted antenna and pole-mounted cabinet siting standards.
(a)
Pole-mounted antennas are permitted on poles in the municipal
right-of-way, provided that each pole-mounted antenna:
[1]
Does not exceed three cubic feet in volume; and
[2]
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
[3]
Does not inhibit any existing sight triangles; and
[4]
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(b)
Pole-mounted cabinets are permitted on poles in the municipal
right-of-way, provided that each pole-mounted antenna:
[1]
Does not exceed 16 cubic feet in volume; and
[2]
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
[3]
Does not inhibit any existing sight triangles; and
[4]
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(c)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole mounted antenna or pole-mounted cabinet.
(2)
Pole-mounted antenna and underground cabinet/vault siting standards.
(a)
Pole-mounted antennas are permitted on poles in the municipal
right-of-way, provided that each pole-mounted antenna:
[1]
Does not exceed three cubic feet in volume; and
[2]
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
[3]
Does not inhibit any existing sight triangles; and
[4]
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(b)
Underground cabinets/vaults are permitted with poles in the
municipal right-of-way, provided that each underground cabinet/vault
shall not disturb any underground utility service.
(c)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna and underground cabinet/vault.
(3)
Pole-mounted antenna and aboveground cabinet siting standards.
(a)
Pole-mounted antennas are permitted on poles in the municipal
right-of-way, provided that each pole-mounted antenna:
[1]
Does not exceed three cubic feet in volume; and
[2]
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
[3]
Does not inhibit any existing sight triangles; and
[4]
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(b)
Aboveground cabinets are permitted with poles in the municipal right-of-way, except as provided in Subsection G above, provided that each cabinet:
[1]
Does not exceed 16 cubic feet in volume; and
[2]
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
[3]
Does not inhibit any existing sight triangles; and
[4]
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(c)
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
A.
Preapplication meeting. Prior to making a formal application with
the Borough for use of the municipal right-of-way, all applicants
are advised to meet with the Borough Engineer to review the scope
of the applicant's proposal.
C.
All applications made under this section and chapter shall be expedited
so as to comply with the shot clocks set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
D.
Every application made under this section and chapter must include
a stamped survey prepared by a New Jersey licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
E.
The Borough Engineer shall review all applications and advise the
Borough Council of his or her recommendation to approve, deny or approve
with conditions such applications.
F.
Upon receiving an application, the Borough Engineer shall immediately
forward the same to the Borough Land Use Board for review and recommendation
pursuant to N.J.S.A. 40:55D-25(B)(3).
G.
Upon receiving the application from the Borough Engineer, the Borough's
Land Use Board's Secretary shall send written and electronic notice
to all Board members of the filed application, scheduling a meeting
and advising of the time frame for action.
H.
The Borough's Land Use Board shall hold a meeting on the applications
expeditiously as possible.
I.
The Borough Land Use Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3),
review all applications for the placement of new poles and pole-mounted
antennas proposed to be located in the municipal right-of-way and
advise the Borough Council of its recommendations to approve, deny
or approve with conditions such applications. If the Planning Board
recommends a denial of such application, it shall set forth the factual
basis for such denial in writing within 45 days of receipt of the
application.
J.
The review process by the Borough Engineer and Borough Land Use Board
shall occur simultaneously.
K.
If the Borough Council denies any application made under this section
and chapter, it shall do so in writing and set forth the factual basis
therefor.
L.
Waiver. The Borough Council may waive any siting standard set forth
in this chapter where the applicant demonstrates that strict enforcement
of any siting standard will:
(1)
Prohibit or have the effect of prohibiting any interstate or intrastate
telecommunications service pursuant to 47 U.S.C.A. § 253(a);
or
(2)
Prohibit or have the effect of prohibiting personal wireless service
pursuant to 47 U.S.C.A. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
B.
Deposit toward anticipated municipal expenses.
(1)
In addition to the right-of-way permit application fee, with the
exception for an application to install a new pole, the Borough Engineer
shall require the posting of an escrow in the amount of $2,000 toward
anticipated municipal expenses including, but not limited to planner,
engineer, legal or other municipal fees related to review of an application
for a right-of-way permit under this chapter.
(2)
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the Borough to conduct its review of the right-of-way permit application,
the Borough Engineer shall provide the applicant with notice of an
insufficient balance. The applicant shall deposit within 10 days of
such notice such additional deposit as shall be agreed upon by the
applicant and the Borough Engineer to complete the Borough's review.
(3)
After a final decision has been made by the Borough Council in accordance
with this chapter regarding the applicant's right-of-way permit application,
any unused balance from the applicant's deposit toward anticipated
municipal expenses shall be refunded.
A.
Any approval granted pursuant to this chapter does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located as required under New Jersey
law.
B.
Applicant must, in addition to obtaining a right-of-way permit pursuant
to this chapter, also receive any and all necessary road opening permits,
construction permits and any other permits required under the ordinances
of the Borough of Seaside Park including, but not limited to the Uniform
Construction Code.
C.
Applications for Borough consent pursuant to N.J.S.A. 27:16-6 requires
adherence to the standards set forth in this chapter. No such applicant
shall be required to enter into a right-of-way agreement with the
Borough.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
