[Adopted 12-11-2023 by Ord. No. 742]
As used in this article, the following terms shall have the
meanings indicated:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineer and attorney costs to the Borough.
The Borough Council of the Borough of Buena.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric 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, lace, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Borough as an easement or
in fee simply ownership. This term also includes rights-of way held
by the County of Atlantic where the Borough's approval is required
for the use of same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded piece of wood or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the 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.
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
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 section.
A.
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 within the municipal right-of-way shall be subject
to the standards and procedures set forth in this chapter and shall
require right-of-way permits for the siting of poles, antennas and
cabinets in the Municipal right-of-way.
A.
No pole, antenna or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
B.
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 curbline. No pole shall be farther than 18 inches
from the curbline.
(3)
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Approved pursuant to a land development application by either
the Borough's Land Use Board pursuant a land use application;
or
(c)
Located on the opposite side of the street from the Electric
Distribution System; and
(d)
Is located within the municipal right-of-way located in the
R1 zone; and
(e)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street; and
(f)
Is not located in an area with underground utilities; and
(g)
Does not inhibit any existing sight triangles; and
(h)
Allows adequate room for the public to pass and re-pass across
the right-of-way; and
(i)
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.
(4)
Poles are prohibited within the municipal right-of-way located in
the public parks.
C.
Ground level cabinet site standards.
(1)
Ground level cabinets are prohibited in the municipal right-of-way
located in the R-1 and Public Parks.
D.
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 and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, 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 sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(2)
Pole-mounted cabinets are permitted on existing poles, provided that
each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, 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 sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(3)
The Borough may also 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.
Pre-application 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 applicant's proposal.
C.
All applications made under this section shall be expedited so as
to comply with the shot clocks set forth in the Federal Communications
Council Order titled "Accelerating Wireless Broadband Deployment by
Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barriers to Infrastructure
Investment." WT Docket No. 17-79; WC Docket No. 17-84.
D.
Every application made pursuant to this chapter must include a stamped
survey prepared by a New Jersey licensed surveyor demonstrating that
any proposed pole is located within the municipal right-of-way. Any
such application which does not include such a survey shall immediately
be deemed incomplete.
E.
New poles and ground level cabinets.
(1)
The Land Use Board shall, pursuant to N.J.S.A. 40:55D-25b(3), review
applications for the placement of new poles and ground level cabinets
within the municipal right-of-way and advise the Borough Council of
its recommendation to approve or disapprove same.
(a)
If the Land Use Board recommends a denial of an application,
it shall set forth the factual basis for such a denial in writing.
F.
Pole-mounted antenna and pole-mounted cabinets.
(1)
The Borough Engineer shall review application to place pole-mounted
antenna and pole-mounted cabinets within the municipal right-of-way
and advise the Borough Council of his or her recommendation to approve
or disapprove same.
(a)
If the Borough Engineer recommends a denial of an application,
he or she shall set forth the factual basis for such a denial in writing.
G.
If the Borough Council denies any application made under this section,
it shall do so in writing and set forth the factual basis therefor.
(1)
Waiver. The Borough Council may waive any siting standard set forth in § 195-31 where the applicant demonstrates that strict enforcement of said standard:
(a)
Will prohibit or have the effect of prohibiting any interstate
or intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
(b)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
(c)
Will violate any requirement set forth by the Federal Communications
Council Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment."
WT Docket No. 17-79; WC Docket 17-84; or
B.
Deposit towards anticipated municipal expenses.
(1)
In addition to the right-of-way permit fee, the Borough Engineer
may, in his or her own discretion, require the posting of a $2,000
deposit towards anticipated municipal expenses related to an application
made pursuant to this chapter.
(2)
Applicant's deposit towards anticipated municipal expenses shall
be placed in an escrow account. If said deposit contains insufficient
funds to enable the Borough to perform its review, the Chief Financial
Officer of the Borough shall provide applicant a notice of insufficient
balance. In order for review to continue, the applicant shall, within
10 days post a deposit to the account in an amount to be mutually
agreed upon.
(3)
The Chief Financial Officer shall, upon request by the applicant
after a final decision has been made by the Borough Council regarding
his or her pending right-of-way permit application, refund any unused
balance from applicant's deposit towards anticipated municipal
expenses.
A.
Any approval received pursuant to this chapter does not relieve the
applicant from receiving consent from the owner of the land above
which an applicant's facility may be located as may be required
under New Jersey law.
B.
Applicant must, in addition to receiving a right-of-way permit, also
receive all necessary road opening permits, construction permits and
any other requirement set forth in the Code of the Borough of Buena
or state statutes.
C.
The Borough's consent for use of county roads, as required pursuant
to N.J.S.A. 27:16-6, shall take the form of a right-of-way permit
subject to the standards and application process set forth in this
chapter. No such applicant shall be required to enter into a right-of-way
agreement with the Borough.
