[Added 9-9-2021 by Ord. No. 2021-21; amended 7-13-2023 by Ord. No. 2023-20]
The Township finds and declares that it is necessary to set
forth clear standards in relation to the siting of poles, cabinets
and antennas for the benefit of its citizens and any utilities which
use the Township's rights-of-way. The purpose of this article is to
protect the property of the Township and its citizens by creating
permit system for all new and replacement poles, antennas and cabinets
which are proposed to be placed in the municipal right-of-way.
For purposes of this Chapter 299, 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 attorneys fees such as are normally charged
for approval escrows.
A small box-like or rectangular structure used to facilitate
utility or wireless service from in the municipal right-of-way.
The part of the electrical system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
A pole that is in lawful existence within the municipal right-of-way
as of the effective date of this article.
A cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Township as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Ocean where the Township's approval is required for
the use of the same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded piece of wood or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
Any lands, areas, buildings or installations owned by the
Township of Little Egg Harbor 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 Township, setting forth applicant's
compliance with the requirements of this article.
A pole that conceals, disguises or camouflages one or more
small wireless facilities and has additional technological capabilities
for other features.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
The Township Committee of the Township of Little Egg Harbor.
A cabinet that is located beneath the surface of the ground.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes of the State
of New Jersey.
Electric, telephone or cable service.
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 article and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
A.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first entering into a right-of-way
agreement pursuant to the provisions of this article.
B.
The terms of said right-of-way agreement shall include:
(1)
A term not to exceed 10 years;
(2)
Reasonable insurance requirements;
(3)
A fine for unauthorized installations;
(4)
A reference to the siting standards set forth in this article;
(5)
Any other items which may reasonably be required for the applicant's
operation within the municipal right-of-way, including but not limited
to, solar panels, uses other than small wireless facilities, issues
relating to data and camera access, USB charging stations, maintenance
and emergency access.
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
in accordance with the terms of this article. The use of any pole,
antenna or cabinet shall be limited to the provision of small wireless
services. Any other uses on the municipal right-of-way, including
but not limited to, wi-fi hotspots, digital billboards, electric charging
stations or rental fees for drone charges, shall not permitted without
consent of the Township.
B.
Pole siting standards.
(1)
Height. No pole shall be taller than 35 feet or 110% of the height
of poles (except Atlantic City Electric poles) in the surrounding
streetscape, whichever is higher. Existing poles placed by Atlantic
City Electric as of the effective date of this article are exempted
and shall not be used as a height standard in the above formula.
(2)
Distance from the curb line. No pole shall be farther than 18 inches
from the curb line.
(3)
Location, safety and aesthetics. Any pole erected in the municipal
right-of-way pursuant to this article shall meet the following requirements:
(a)
Pole shall be located on the opposite side of the street from
any part of the electrical distribution system; and
(b)
Pole shall be 300 linear feet from any other existing pole or
proposed pole along the same side of the street; and
(c)
Pole shall be 50 feet from any primary residential structure;
and
(d)
Pole shall not be located in an area with underground utilities;
and
(e)
Pole shall not inhibit any existing sight triangles; and
(f)
Pole shall allow adequate room for the public to pass and repass
along and across the public right-of-way; and
(g)
Pole shall be finished and/or painted so as to blend in compatibly
with its background and so as to minimize its visual impact on surrounding
properties; and
(h)
Pole shall be a stealth pole or "smart pole" unless the applicant
demonstrates why same would not be technologically feasible at that
location.
(4)
Poles are prohibited in the municipal right-of-way located in any
public property.
(5)
These siting standards shall apply to any proposed new pole and to
any replacement of an existing pole.
C.
Ground level cabinet site standards. Ground level cabinets are prohibited
in the municipal right-of-way on any public property.
D.
Underground cabinet site standards.
(1)
Underground cabinets are the preferred method of cabinet siting within
the Township of Little Egg Harbor and permitted in the municipal right-of-way
in all zones.
(2)
Underground cabinet siting shall not disturb any underground utilities.
(3)
The Township shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any underground cabinet.
E.
Pole-mounted antenna and pole-mounted cabinet siting standards.
(1)
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and,
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(2)
Pole-mounted cabinets are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed 16 cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(3)
The Township shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
F.
Pole-mounted antenna and underground cabinet siting standards.
(1)
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
(2)
Underground cabinets are permitted with existing poles, provided
that each underground cabinet shall not disturb any underground utilities.
(3)
The Township shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna and underground cabinet.
A.
Preapplication meeting. Prior to making a formal application with
the Township for use of the municipal right-of-way in accordance with
this article, it is strongly recommended that all applicants confer
with the Township Engineer to review the scope of the applicant's
proposal.
B.
All applications made under this section and article shall be expedited
so as to comply with the shot clocks set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by the Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
C.
Every application made under this article must include a stamped
survey prepared by a New Jersey-licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
D.
New poles, ground level cabinets and underground cabinets. The applicable
Township Planning Board shall, pursuant to the advisory powers granted
under N.J.S.A. 40:55D-25(B)(3), review all applications for the placement
of new or replacement poles, ground level cabinets and/or underground
cabinets proposed to be located in the municipal right-of-way and
advise the Township Committee of its recommendations to approve, deny
or approve with conditions. If the Township Planning Board recommends
a denial of such application, it shall set forth the factual basis
for such denial in writing.
E.
The Township Engineer shall review all applications made pursuant
to this article and advise the Township Committee of his or her recommendation
to approve, deny or approve with conditions such applications.
G.
If the Township Committee denies any application made under this
article, it shall do so in writing and set forth the factual basis
therefor.
H.
Waiver. The Township Committee may waive any siting standard set
forth in this article where the applicant demonstrates that strict
enforcement of any siting standard will:
(1)
Prohibit or have the effect of prohibiting any interstate or intrastate
telecommunications service pursuant to 47 U.S.C.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, the Township
shall require the posting of an escrow in the amount of $2,000 toward
anticipated municipal expenses including, but not limited to planner,
engineer, legal or other municipal fees related to review of an application
for a right-of-way permit under this article.
(2)
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the Township to conduct its review of the right-of-way permit application,
the Township Engineer shall provide the applicant with notice of an
insufficient balance. The applicant shall deposit within 10 days of
such notice such additional deposit as shall be agreed upon by the
applicant and the Township Engineer to complete the Township's review.
(3)
After a final decision has been made by the Township Committee in
accordance with this article regarding the applicant's right-of-way
permit application, any unused balance from the applicant's deposit
toward anticipated municipal expenses shall be refunded.
A.
Any approval granted pursuant to this article does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located as required under New Jersey
law.
B.
Applicant must, in addition to obtaining a right-of-way permit pursuant
to this article, also receive any and all necessary road opening permits,
construction permits and any other permits required under the Township
Code of the Township of Little Egg Harbor including, but not limited
to the Uniform Construction Code.
C.
Applications for Township consent pursuant to N.J.S.A. 27:16-6 requires
adherence to the standards set forth in this article. No such applicant
shall be required to enter into a right-of-way agreement with the
Township.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
