[Added 4-10-2014 by Ord. No. 2014-07]
B.Â
METEORLOGICAL TOWER or MET TOWER
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
(1)Â
(2)Â
(3)Â
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
Is used to generate electricity;
Has a nameplate capacity of 100 kilowatts or less; and
Is as high as necessary to capture the wind energy resource
at a height determined to be necessary for optimum energy generation
through prior testing with a met tower at the proposed location of
the wind energy system.
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point. Additionally, the total height of the tower
shall not exceed the distance from the location of the tower to the
closest property line.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
C.Â
Standards. Subject to the requirements found below, a small wind
energy system shall be a permitted accessory use in the Pinelands
Forest and Preservation Zones and a permitted use in the following
zones: Marine Commercial, Highway Business, Limited Business, Municipal
Land Office, Business Park, and Industrial:
(1)Â
Setbacks. A wind tower for a small wind energy system shall
be set back a distance equal to the Township's building setback requirements.
If overheard power lines are located in close vicinity to the wind
tower, the Zoning Officer may increase the setback requirement as
necessary to reduce any public safety issue. No portion of the wind
generator shall extend beyond the setback line nor into the following:
(2)Â
Access.
(a)Â
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)Â
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(c)Â
All towers shall be constructed so as to limit access to only
authorized personnel and shall contain appropriate safety measures
to assure compliance with all federal and state occupational safety
requirements.
(3)Â
Lighting. A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(4)Â
Appearance, color and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the zoning approval. All components of the system shall
be maintained in accordance with the most current requirements contained
within the Property Maintenance Code and the Uniform Construction
Code adopted by the Township.[1]
(5)Â
Signs. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(6)Â
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with New
Jersey's Net Metering and Interconnection Standards for Class I Renewable
Energy Systems at N.J.A.C. 14:4-9 et seq.[2]
[2]
Editor's Note: N.J.A.C. 14:4-9 is reserved. See N.J.A.C. 14:8-4
for provisions for net metering for Class I renewable energy systems.
(7)Â
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
(8)Â
Rooftop wind turbines may be permitted in all zones. Rooftop
turbines may not exceed a height of three and one-half (3.5) feet.
(9)Â
In all zoning districts located within the New Jersey Pinelands
Area, all small wind energy systems shall comply with all applicable
standards set forth in the Pinelands Comprehensive Management Plan,
N.J.A.C. 7:50-1 et seq., including the minimum environmental standards
set forth in Subchapter 6.
D.Â
Solar energy systems.
(1)Â
Solar energy systems shall be permitted as a rooftop installation
in any zoning district. Solar panels mounted to the roof of garages
and accessory structures will also be permitted. Within the Pinelands
Area, solar energy systems located on the rooftop of any existing
building, accessory or otherwise, or any existing structure, accessory
or otherwise, shall be permitted only as an accessory use. Structurally
attached solar energy systems installed on a building with a sloped
roof shall not project vertically above the peak of the roof and/or
shall comply with the height regulations of the zone. Roof-mounted
solar energy systems shall not exceed a height of three feet from
the rooftop at any point. Structurally attached solar energy systems
installed on a building with a flat roof shall not project vertically
more than five feet above the roof and/or shall comply with the height
regulations of the zone.
(2)Â
Freestanding or ground-mounted solar energy systems (ground
arrays) shall be considered a structure and shall be subject to the
regulations of the zone for such, together with all other applicable
codes and ordinances. Within the Pinelands Area, freestanding or ground-mounted
solar energy systems (ground arrays) shall be permitted only as an
accessory use. Ground-mounted or freestanding solar energy systems
shall not be permitted in the front yard of any property in any zone.
The height of any ground-mounted or freestanding solar energy system
shall not exceed 16 feet. Ground solar energy systems shall be located
so that any reflection is directed away or is properly buffered from
an adjoining property.
(3)Â
Solar energy systems may consist of photovoltaic cells, hot
water collector applications and hot air applications.
(4)Â
Roof-mounted solar energy systems are discouraged from being
erected on the front roof of a structure which faces a street. Solar
energy systems shall be located on a rear- or side-facing roof, as
viewed from any adjacent street, unless such installation is proved
to be ineffective or impossible. The removal of potential obstructions
such as interceding vegetation shall not be sufficient cause for permitting
a front-facing installation. Front-facing installation may be permitted
in accordance with the following provisions:
(a)Â
The applicant must indicate valid reasons as to why this is
the only effective or possible means for utilizing solar energy on
the property. Such information shall be certified by a professional
deemed qualified by the Board and reviewed by the Township Engineer
and any other professional that the Township deems necessary.
(b)Â
Solar panels must be flush mounted to the roof.
(5)Â
Solar energy system installations for the purpose of generating
electricity shall conform to the following criteria:
(a)Â
The solar energy systems shall not be sized to generate more
power than what is required by said structure as measured on an annual
basis. All solar energy systems shall be grid tied.
(b)Â
A study, prepared by a qualified individual, shall be performed
to verify that the property conditions will produce the intended solar
power generation based on property location, surrounding structures,
and building orientation. Solar ground-mounted or freestanding solar
energy systems shall be set back a minimum distance of 20 feet from
all property lines.
(c)Â
Solar energy systems shall be designed by a licensed engineer
of the State of New Jersey. In the event that the solar energy system
is to be mounted to, or is constructed on top of, an existing dwelling
or building, detailed calculations and engineered drawings of the
mounting must be provided by a licensed engineer of the State of New
Jersey. Electric cables must be concealed below the roofline.
(d)Â
All units and unit installation shall be in accordance with
all applicable state construction codes, as well as the National Electric
Code.
(e)Â
All wiring leading to and from the panels shall be installed
below the roof structure or shall be installed underground.
(6)Â
In all zoning districts located within the New Jersey Pinelands
Area, all solar energy systems shall comply with all applicable standards
set forth in the Pinelands Comprehensive Management Plan, N.J.A.C.
7:50-1 et seq., including the minimum environmental standards set
forth in Subchapter 6.
E.Â
Permit requirements.
(1)Â
Permit. A zoning permit shall be required for the installation
of a small wind or solar energy system. In all zoning districts located
within the Pinelands Area, a certificate of filing shall be obtained
from the Pinelands Commission prior to the issuance of any zoning
permit or building permit or to the installation of any solar energy
system, which is not located on an existing building or structure
(for rooftop installations) or on an existing impervious surface (for
ground arrays), and all small wind energy systems.
(2)Â
Documents. The zoning permit application shall be accompanied
by three sets of a plot plan which includes the following:
(a)Â
Property lines and physical dimensions of the property.
(b)Â
Location, dimensions, and types of existing major structures
on the property.
(c)Â
Location of the proposed small wind or solar energy systems.
(d)Â
The right-of-way of any public road that is contiguous with
the property.
(e)Â
Any overheard utility lines within 300 feet of the outbound
property lines.
(f)Â
Small wind or solar energy system specifications, including
manufacturer and model, rotor diameter, tower height, tower type (freestanding
or ground).
(g)Â
A plot plan showing all of the adjacent properties and the current
zoning for all adjacent properties.
(h)Â
A study conducted by a licensed professional engineer certifying
to the viability and feasibility of the small wind energy system at
the proposed location.
(i)Â
A certificate of filing issued by the Pinelands Commission,
where required pursuant to E(1) above.
(3)Â
Fees. The application for a zoning permit for a small wind or
solar energy system must be accompanied by the fee required for a
zoning permit in addition to a fee in the amount of $1,000 to cover
the costs of engineering review.
(4)Â
Expiration. A permit issued pursuant to this section shall expire
if:
(5)Â
Building permit. All applicants must file the required information
and documentation with the Construction Official and meet all of the
requirements to obtain a building permit pursuant to the Uniform Construction
Code.
F.Â
Abandonment.
(1)Â
A small wind or solar energy system that is out of service for
a continuous eighteen-month period will be deemed to have been abandoned.
(2)Â
The Administrative Officer may issue a notice of abandonment
to the owner of a small wind or solar energy system that is deemed
to have been abandoned. The notice shall be sent return receipt requested.
(3)Â
The owner shall have the right to respond within 30 days from
notice receipt date, documenting evidence of why the small wind or
solar energy system should not be deemed abandoned. Such documenting
evidence may include, but not be limited to, certifications, affidavits,
photographic and videographic evidence and electronic utility bills.
(4)Â
If the owner provides sufficient information and demonstrates the small wind or solar energy system has not been abandoned as defined in Subsection F(1) above, the Administrative Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5)Â
If the Administrative Officer determines that the small wind
or solar energy system has been abandoned, the owner of the small
wind or solar energy system shall remove the energy system from the
property to a place of safe and legal disposal at the owner's sole
expense within six months after the owner receives the notice of abandonment.
G.Â
Zoning permit procedure.
(1)Â
An owner shall submit an application to the Administrative Officer
for a zoning permit for a small wind or solar energy system. The Administrative
Officer shall submit a copy of the application to the Township Engineer
for review and recommendation.
(2)Â
The Administrative Officer shall issue a permit or deny the
application within 10 days, as consistent with the Municipal Land
Use Law, of the date on which the application is received.
(3)Â
If the application is approved, the Administrative Officer will
return one signed copy of the application with the zoning permit and
retain the other copy with the application.
(4)Â
If the application is rejected, the Administrative Officer will
notify the applicant in writing and provide a written statement of
the reason why the application was rejected. The applicant may appeal
the Administrative Officer's decision pursuant to the appropriate
appeals authority. The applicant may reapply if the deficiencies specified
by the Administrative Officer are resolved.
[Added 4-10-2014 by Ord. No. 2014-08]
A.Â
WIRELESS COMMUNICATION
WIRELESS COMMUNICATION ANTENNA
WIRELESS COMMUNICATION COMPOUND
WIRELESS COMMUNICATION TOWER
Definitions. The following definitions shall govern this section:
Any personal wireless service as defined in the Federal Communication
Act of 1996 (FCA), that is, FCC-licensed commercial wireless communication
services, including cellular, PCS, SMR, ESMR, paging and similar services
that currently exist or that may in the future be developed. Wireless
communications does not include any amateur radio facility that is
under 70 feet in height and is owned and operated only by a federally
licensed amateur radio station operator or is used exclusively to
receive transmissions, nor does it include any parabolic satellite
antennas, nor does it include nonwireless telephone services.
Any device which is used for the transmission and reception
of wave frequencies for the purpose of any wireless communication
as defined herein. For the purposes of this section, wireless communication
antennas shall not be considered to be a public utility.
An area enclosed by walls or fencing within which a wireless
communication tower and associated equipment are housed and maintained
preventing access to all equipment by the general public.
A freestanding monopole structure on which one or more antennas
are attached, but shall not mean existing structures such as silos,
cupolas or water tanks.
B.Â
Use requirements.
(1)Â
Wireless communication equipment shall be a permitted principal
or second principal (on a permitted accessory) use on a publicly owned,
leased or otherwise controlled properties that can provide a five-hundred-foot
buffer between the wireless communication equipment and any adjacent
or nearby residential property. Publicly owned lands include those
lands owned, leased or otherwise controlled by the municipality, the
Board of Education, the county, the state, a public utility authority
and other such public authorities. Notwithstanding the foregoing or
anything in this section to the contrary, within the Pinelands Area,
wireless communication equipment on such lands shall be permitted
as a principal use only in accordance with N.J.A.C. 7:50-5.4(c) and
a comprehensive plan for such facilities approved pursuant thereto
by the Pinelands Commission.
(2)Â
Wireless communication antennas installed on or within existing
structures (and utilizing fully screened antennas installed on top
of or exterior to existing structures) shall be a permitted accessory
use in the M-1, M-2, M-6 and M-100 Zones on properties which are developed
for business park and industrial uses. "Fully screened" shall mean
architectural treatment such as parapets, screening panels, faux cornice
lines, etc., to fully screen the antennas.
(3)Â
Wireless communication towers shall be a permitted accessory
use in the M-1, M-2, M-6 and M-100 Zones.
(4)Â
Monopoles required.
(a)Â
Outside of the Pinelands Area, the use of lattice or guyed towers
for wireless communication towers shall be prohibited. Towers shall
be of monopole design. Lattice towers shall be permitted only at the
request of the Township of Lacey Police Department, Fire Department
or Emergency Medical Service for the provision of additional communications
equipment.
(b)Â
Within the Pinelands Area, towers shall be of monopole design
unless the applicant can demonstrate that a different type of facility
is necessary for the co-location of additional antennas on the tower
or a different type of facility is required by the Pinelands Commission
pursuant to N.J.A.C. 7:50-5.4(c)6. All towers shall be designed so
that their height may be increased to 200 feet if necessary to accommodate
the needs of other carriers in the future.
(5)Â
No more than one wireless communication tower shall be located
on any one property, regardless of zone or ownership.
C.Â
Visual compatibility requirements. Wireless communication antennas
on existing structures or buildings and wireless communication towers
shall be designed, located and screened so as to blend with and into
the existing natural or built around surroundings so as to eliminate,
to the maximum extent practicable, adverse visual impacts through
the use of color and camouflaging, architectural treatment, landscaping,
and other means.
(1)Â
Permitted tower designs include flagpoles with internal mount
antennas, monopoles with internal mount antennas color-matched to
surroundings, flush-mounted antennas color-matched to surroundings,
cluster-mounted antennas on armatures of less than eight feet color-matched
to surroundings, artificial trees, church steeples and clock towers
with internal antenna mounts and other similar constructions.
(2)Â
Permitted antenna designs on existing structures include flush-mounted,
pole-mounted or sled-mounted antennas that are fully screened by architectural
treatments, such as parapets, screening panels, faux cornice lines,
etc.
D.Â
Site design standards. The following site design standards shall
apply to wireless telecommunications facilities:
(1)Â
New towers.
(a)Â
Fall zone. A fall zone shall be established such that the tower
is set back 150% of the height of the tower from any adjoining lot
line or nonappurtenant building.
(b)Â
Security fencing. Towers shall be enclosed by security fencing
not less than eight feet in height. Towers shall also be equipped
with an appropriate anticlimbing measure.
(c)Â
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
[1]Â
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from property used for residences or planned residences or
any other area frequented by the public. The standard buffer shall
consist of a landscaped strip of at least 10 feet wide outside the
perimeter of the compound. However, at a minimum, the facility should
be shielded from public view by evergreen trees at least eight feet
high at planting and planted in staggered double rows 15 feet on center.
[2]Â
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced at the
sole discretion of the approving authority.
[3]Â
Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be a sufficient buffer.
(d)Â
Ancillary buildings. Any proposed building enclosing related
electronic equipment shall not be more than 10 feet in height nor
more than 200 square feet in area, and only such building shall be
permitted on the lot for each provider of wireless telecommunications
services located on the site. Such buildings must satisfy the minimum
zoning district setback requirements for accessory structures.
(e)Â
Aesthetics. Towers and antennas shall meet the following requirements:
[1]Â
Towers 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.
[2]Â
At a tower 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.
(f)Â
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:
[1]Â
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;
and
[2]Â
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 toward adjacent
and nearby properties.
(g)Â
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, which may be attached
to a fence or building structure and shall not be larger than 18 inches
by 18 inches.
(h)Â
Maximum height. In the Pinelands Area, a maximum of 200 feet
shall be permitted.
(2)Â
Antennas mounted on existing structures or rooftops.
(a)Â
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]Â
Side- and roof-mounted personal wireless service
facilities 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]Â
The antenna complies with applicable FCC and FAA
regulations.
[3]Â
The antenna complies with all applicable building
codes:
[a]Â
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.
[b]Â
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.
[c]Â
Equipment storage building, structures or cabinets
shall comply with all applicable building codes.
(b)Â
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.
(3)Â
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 that such co-location is accomplished in a manner consistent
with the following:
(a)Â
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.
(b)Â
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this chapter.
(c)Â
On-site location. 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. In the Pinelands Area, such relocation shall be permitted only if the standards set forth in Chapter 335, Article IV, § 335-37.1, are met. After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
(4)Â
The Planning Board shall have the discretion to grant waivers
from any of the design standards set forth in this section.
E.Â
Site plan submission requirements. In addition to the site plan submission
requirements and other applicable requirements of this chapter, the
following information shall be submitted in conjunction with site
plan approvals for all wireless telecommunications facilities:
(1)Â
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 Township of Lacey at the time full service is
provided by the applicant throughout the Township, the applicant shall
submit a comprehensive service plan. Said comprehensive service plan
shall indicate how the applicant proposes to provide full service
throughout the Township, 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 Township of Lacey. The comprehensive service plan shall
indicate the following:
(a)Â
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Township of Lacey.
(b)Â
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the Township of Lacey.
(c)Â
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Township of Lacey by both the applicant and by other providers
of telecommunications services within the Township of Lacey.
(d)Â
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)Â
How the proposed location of the antennas relates to the overall
objective of providing full communications services within the Township
of Lacey while, at the same time, limiting the number of towers to
the fewest possible.
(2)Â
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 chapter.
(3)Â
Legal description of the entire tract and leased parcel (if
applicable).
(4)Â
The setback distance between the proposed tower and nearest
residential unit and residentially zoned properties.
(5)Â
The separation distance from other towers and antennas.
(6)Â
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)Â
Method of fencing and finished color and, if applicable, the
method of camouflage.
(8)Â
A description of compliance with all applicable federal, state
or local laws.
(9)Â
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(10)Â
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 Township.
(11)Â
The letter of commitment to lease excess space or other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in a 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)Â
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)Â
For applications in the Pinelands Area, the following additional
information shall also be submitted:
F.Â
Additional standards.
(1)Â
No signs shall be permitted except for emergency contact information,
safety warnings, and safety instructions.
(2)Â
No lighting is permitted except for tower lighting as required
by federal or state regulations or lighting that is interior to the
communication equipment compound mounted at a height beneath the top
of the compound fence.
(3)Â
Wireless communication antennas and towers shall be maintained
to assure their continued structural integrity.
(4)Â
All wireless communication towers shall be designed with anticlimbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed for safety.
(5)Â
Wireless communication compound and equipment shall be operated
so as not to produce noise in excess of the limits set by federal
regulation, state regulation, or Township ordinance.
(6)Â
Every modification to a wireless communications tower or antennas
shall be subject to site plan review and approval. A modification
is an increase in the number or size of wireless communication antennas
or an alteration in the placement of wireless communication antennas
in such a manner as to increase their visibility in any way.
G.Â
Monitoring and maintenance.
(1)Â
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 buildings
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 chapter.
(2)Â
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.
H.Â
Abandonment or discontinuance of use.
(1)Â
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Township 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.
(a)Â
If tower lighting was required by the FAA, the tower owner shall
be responsible for all violations and fines associated with its operation.
(2)Â
Upon abandonment or discontinuation of use, at the option of
the Township, 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)Â
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
(b)Â
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(c)Â
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)Â
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the Township 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 the Township must remove the facility.
[Added 10-8-2020 by Ord. No. 2020-22]
A.Â
Purpose. The purpose of this section is to:
(1)Â
Provide for reasonable regulations concerning the placement
of small-cell wireless facilities within the Township, consistent
with state and federal law through the implementation of a right-of-way
approval and permitting procedure.
(2)Â
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 or will seek to make use of said municipal rights-of-way.
B.Â
CABINET
ELECTRIC DISTRIBUTION SYSTEM
EXISTING POLE
GROUND-LEVEL CABINET
INDIVIDUAL SITE RIGHT-OF-WAY AGREEMENT or S-ROW AGREEMENT
MASTER RIGHT-OF-WAY AGREEMENT or M-ROW AGREEMENT'
MUNICIPAL RIGHT-OF-WAY
POLE
POLE-MOUNTED ANTENNA
POLE-MOUNTED CABINET
PROPOSED POLE
REASONABLE MUNICIPAL EXPENSES
SMALL CELL EQUIPMENT
SMALL CELL FACILITY or SMALL CELL
SURROUNDING STREETSCAPE
TOWNSHIP COMMITTEE
TOWNSHIP NONRESIDENTIAL ZONES
TOWNSHIP RESIDENTIAL ZONES
UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
UTILITY SERVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A small box-like or rectangular structure located within
the municipal right-of-way used to facilitate utility or wireless
service.
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.
An agreement between the carrier and the Township, pursuant
to the M-ROW agreement between the applicant and the Township, that
sets forth the terms and conditions by which a single small cell location
may be installed and maintained.
An agreement, approved by the Township Planning Board and
Committee, that sets forth the terms and conditions for use of the
municipal right-of-way by a wireless carrier and which may include,
but is not limited to, municipal franchise agreements. The M-ROW agreement
will incorporate by reference or directly include the approved comprehensive
deployment plan of proposed small cell locations throughout the Township.
The surface of, and the space above or below, any public
street, road, lane, path, public way or place, sidewalk, alley, parkway,
drive, and the like, held by the Township as an easement or in fee
simple ownership. This term also includes any other area that is determined
by the Township to be a right-of-way in which the Township may allow
the installation of poles, cabinets and antennas, as well as rights-of-way
held by the County of Ocean where the Township's approval is required
for the use of same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded support structure constructed of
wood or metal located in the municipal right-of-way.
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, microcells,
and outside distributed antenna systems, or DAS systems.
A cabinet that is proposed to be placed on an existing pole
or proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
The cost of processing an application for a comprehensive
deployment plan, M-ROW agreement, an S-ROW agreement, as the terms
are defined, or any other approval or permit that may be reasonably
required to safeguard the Township and memorialize the relationship
between the applicant and the Township. Such costs may include, but
not be limited to, all professional fees such as engineer and attorney
costs, as well as expert consultation.
Wireless facilities and transmission media, including femtocells,
picocells and microcells, outside distributed antenna systems, including
antennas, cabling, cabinets and any other associated components.
Any structure or device used for the purpose of providing,
supporting, enabling or otherwise facilitating telecommunications,
including but not limited to small cell equipment.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
The governing body of the Township of Lacey.
The zones designated as nonresidential within the Township of Lacey, Chapter 335, zoning regulations.
The zones designated as residential within the Township of Lacey, Chapter 335, zoning regulations.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone or cable service, but expressly excludes
wireless service, which is not a regulated utility, and service providers
are private companies.
C.Â
Master right-of-way agreement ("M-ROW agreement").
(1)Â
No person shall operate or place any type of small cell, small
cell equipment, pole-mounted antenna or cabinet or new pole or ground-level
cabinet within the municipal right-of-way in any zoning district in
the Township without first submitting and receiving approval for a
comprehensive deployment plan and then entering into a master right-of-way
agreement (hereinafter referred to as an "M-ROW agreement'") with
the Township pursuant to the provisions of this section.
(2)Â
The terms of said M-ROW agreement shall include:
(a)Â
A term not to exceed 15 years;
(b)Â
Suitable insurance requirements;
(c)Â
A description of fines and penalties for unauthorized installations,
upgrades and enhancements;
(d)Â
A reference to the siting and approval standards set forth in
this section; and
(e)Â
Representation by the applicant that the proposed siting and
deployment of small cells will comply with applicable FCC, FAA, OSHA,
traffic, utility, land use, and other applicable local, state and
federal laws and regulations.
(f)Â
Any other items which may be reasonably required.
(g)Â
Fees, franchises, rents, leases, reasonable and actual expenses
and any other monies due to the Township by the applicant.
[1]Â
Said monies will include fees due to the Township
for use of the right-of-way.
[2]Â
Said monies will also include specific additional fees due to the Township for use of poles and structures in the public right-of-way which are also owned by the Township, as described in § 335-49.3I.
[3]Â
Said monies may be further detailed in the individual
S-ROW agreements for each specific location.
(3)Â
An M-ROW agreement will incorporate by reference or actual inclusion
the approved comprehensive deployment plan of the applicant, reflecting
the intended location of all proposed small cell nodes in the right-of-way.
D.Â
Comprehensive deployment plan.
(1)Â
The comprehensive deployment plan submitted by the applicant
shall include the following:
(a)Â
A narrative explanation of how the applicant proposes to provide
full 5G service throughout the Township.
(b)Â
Indication of how the applicant's plan is coordinated, if at
all, with the needs of other providers of telecommunications services
within the Township of Lacey.
(c)Â
Explanation of how the proposed locations of the antennas will
provide full 5G communications services within the Township of Lacey
while, at the same time, limiting the number of small cells to the
fewest possible, as technically feasible by said applicant's signal
propagation and other applicable network and technological limitations
of the higher frequencies proposed for utilization by 5G technology.
(d)Â
A two-dimensional map reflecting the proposed small cell locations
in the Township, including, at minimum, geographic coordinates and
the street name associated with each location. An Excel spreadsheet
containing said location information, in a format exportable to a
GIS application framework, will be an acceptable alternative.
(e)Â
For each proposed small cell location, the plan shall consider
the following ownership scenarios. This list reflects a comprehensive
but by no means exhaustive list of combinations of ownership and management
of rights-of-way and mounting structures, as well as reference to
additional locations outside of the right-of-way which may not be
subject to further approvals or agreements, other than zoning and
construction permitting requirements, as applicable, but which shall
be noted on the plan:
[1]Â
Municipal road, municipal pole (e.g., traffic signal
pole).
[2]Â
Municipal road, utility company pole.
[3]Â
Municipal road, privately owned pole or structure.
[4]Â
County road, municipal pole (e.g., traffic signal
pole).
[5]Â
County road, utility company pole.
[6]Â
County road, privately owned pole or structure.
[7]Â
State highway, municipal pole (e.g., traffic signal
pole).
[8]Â
State highway, utility company pole.
[9]Â
State highway, privately owned pole or structure.
(f)Â
The following are additional locations outside of the right-of-way.
These locations may or may not be subject to further approvals or
agreements, per the terms of this section, other than zoning and construction
permitting requirements, as applicable, but shall be noted on the
comprehensive deployment plan when applicable:
[1]Â
Private property, municipal pole or structure.
[2]Â
Private property, utility company pole.
[3]Â
Private property, privately owned pole or structure.
[4]Â
Municipal property, not roads (e.g., public park),
municipal pole or structure.
[5]Â
Municipal property, not roads (e.g., public park),
utility company pole.
[6]Â
Municipal property, not roads (e.g., public park),
privately owned pole or structure.
[7]Â
State- and county-owned property, with poles and
structures owned by said county, state, or privately held or by the
municipality
(g)Â
Preliminary demonstration that the proposed small cell locations
comply with applicable federal laws and FCC regulations concerning
the propagation of radio frequency radiation.
(h)Â
Preliminary demonstration that the proposed small cell locations
will comply with applicable FAA regulations.
(i)Â
Due to the short distances traversed by 5G frequencies, the
applicant need not consider antenna locations from neighboring municipalities
when developing its comprehensive deployment plan for Lacey Township.
(2)Â
The comprehensive deployment plan shall be submitted to the
Township Planning Board, Zoning Board, Construction Office, Township
Engineer, Police Department, DPW and any other Township department,
agency or individual holding a stake in the utilization of the municipal
right-of-way. Said individuals, departments and agencies shall review
and provide feedback, markup, concerns and questions.
(3)Â
Along with the submission, the comprehensive deployment plan
shall include an application processing fee of $3,000. Due to the
unique characteristics of small cell sites in the public right-of-way,
and the multiple reviews necessary by various municipal departments
and outside professionals, this fee is deemed a reasonable expense
for the specialized expertise and consultation required to ensure
the safe, consistent and orderly deployment of small cells throughout
the Township.
(4)Â
The Township reserves the broad right to require that a survey
completed by a New Jersey-licensed professional land surveyor be included
in any comprehensive deployment plan or S-ROW agreement application.
Additionally, a survey may be requested for one or more of the proposed
small cell locations, at the Township's discretion, on a case-by-case
basis. Any submission which does not include such a survey when requested
shall be deemed incomplete.
(5)Â
Approval of the comprehensive deployment plan will be based
on the following criteria:
(a)Â
No small cell shall be located within 200 feet of another site,
in a residential zone, or within 100 feet of another site in a nonresidential
zone, unless demonstrated by the applicant that closer spacing of
small cell sites is necessary due to the technological and frequency
propagation limits of 5G.
(b)Â
Existing utility poles, traffic lights and other ROW structures
will be utilized when possible, provided use of same does not pose
an obstruction or hazard to vehicular or pedestrian traffic. For all
proposed new poles, the applicant will demonstrate that existing poles
and other structures in the right-of-way do not adequately meet the
applicant's technical and engineering criteria.
(c)Â
For poles that are not owned by the municipality, the applicant
will provide evidence of approval by the utility company or other
entity owning such poles. Such evidence may include a memorandum of
understanding or a fully executed structure-attachment agreement with
said utility company, or other rightful owner.
(d)Â
The plan shall demonstrate conformity with Chapter 293, Streets and Sidewalks, of the General Legislation of the Township.
(e)Â
The plan shall demonstrate compliance with the Chapter 335 zoning provisions, as such provisions are applicable to the public right-of-way.
(f)Â
The plan shall demonstrate that no proposed small cell within
the plan will cause a sight triangle obstruction or other safety obstruction
to the free flow of vehicular and pedestrian traffic.
(g)Â
When technically feasible, the proposed small cells will be
similar in color and design as the existing utility pole.
E.Â
Individual site right-of-way agreements ("S-ROW agreements").
(1)Â
No small cell, small cell equipment, pole, antenna or cabinet
shall be installed within the municipal right-of-way without the issuance
of an S-ROW agreement.
(2)Â
An individual S-ROW agreement will be issued for each proposed
small cell location.
(3)Â
Each S-ROW agreement location will correspond to a location
specified in the approved comprehensive deployment plan and M-ROW
agreement.
(4)Â
The total number of S-ROW agreements for each applicant shall
not exceed the total number of approved locations in the comprehensive
deployment plan.
(5)Â
Each S-ROW agreement will include a health and safety report
provided by the applicant confirming the following:
(a)Â
Compliance with applicable FCC regulations concerning the propagation
of radio frequency radiation.
(b)Â
Compliance with applicable FAA regulations.
(c)Â
Compliance with applicable local, state and federal traffic
and street and sidewalk regulations.
(d)Â
At the discretion of the Township, a master report containing
the required health and safety information for all proposed small
cell sites may be submitted along with the comprehensive deployment
plan, obviating the necessity for a report for each individual small
cell location.
(6)Â
Each S-ROW agreement will include as exhibits evidence of adequate
insurance and proper tower climbing and other required industry certifications.
F.Â
Siting standards for small cells, small cell equipment, poles, antennas
and cabinets in the right-of-way. The following standards shall be
used when developing the comprehensive deployment plan, for each S-ROW
agreement as well as for the actual physical installation, upgrade
and maintenance of small cell sites and equipment in the Township.
(1)Â
Pole siting standards. New poles shall conform to the following
siting standards:
(a)Â
Height. No proposed pole shall be taller than 50 feet or 110%
of the height of poles in the surrounding streetscape, whichever is
higher.
(b)Â
Distance from curbline. No proposed pole shall be farther than
18 inches from the curbline.
(c)Â
Location, safety and aesthetics. No proposed pole shall be erected
in the right-of-way unless it:
[1]Â
Replaces an existing pole; or
[2]Â
Is approved pursuant to an S-ROW agreement, other
land development application by either the Zoning Board of Adjustment
or Planning Board or pursuant to a land use application acceptable
to the Township; or
[3]Â
Located on the opposite side of the street from
the electric distribution system; and
[4]Â
For sites in residential zones, a minimum of 200
linear feet from any other existing pole or proposed pole along the
same side of the street, or for sites in nonresidential zones, a minimum
of 100 linear feet from any other existing pole or proposed pole along
the same side of the street; and
[5]Â
Does not inhibit any existing sight triangles or
sight distances; and
[6]Â
Allows adequate room for the public to pass and
repass across, along and through the right-of-way; and
[7]Â
Is finished and/or painted and/or 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.
(2)Â
Ground-level cabinet siting standards. Ground-level cabinets
shall conform to the following siting standards:
(a)Â
Ground-level cabinets are prohibited in the municipal right-of-way
in residential zones and any future residential zones.
(b)Â
Ground-level cabinets are permitted in nonresidential zones,
provided that such ground-level cabinet:
[1]Â
Is less than 28 cubic feet in volume; and
[2]Â
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; and
[3]Â
Does not inhibit any existing sight triangles or
sight distance; and
[4]Â
Allows adequate room for the public to pass and
repass across, along and through the municipal right-of-way.
(3)Â
Pole-mounted antenna and pole-mounted cabinet siting standards.
(a)Â
Pole-mounted antennas are permitted on existing poles, provided
that each pole-mounted antenna:
[1]Â
Does not exceed three cubic feet in volume; and
[2]Â
Is finished and/or painted and/or 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
[3]Â
Does not inhibit any sight triangles or sight distance;
and
[4]Â
Allows adequate room for the public to pass and
repass across, along and through the municipal right-of-way.
(b)Â
Pole-mounted cabinets are permitted on existing poles in all
residential zones and nonresidential zones, provided that each pole-mounted
cabinet:
[1]Â
Does not exceed 16 cubic feet; and
[2]Â
Is finished and/or painted and/or 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
[3]Â
Does not inhibit any sight triangles or sight distance;
and
[4]Â
Allows adequate room for the public to pass and
repass across the municipal right-of-way.
(4)Â
The Township may also require that an applicant provide a certification
from a licensed professional engineer attesting to the structural
integrity of any small cell, small cell equipment, pole-mounted antenna
or pole-mounted cabinet.
(5)Â
Waiver. The Township Committee may waive any siting standard set forth in this § 335-49.3F where the applicant demonstrates that the strict enforcement of said standard:
(a)Â
Will prohibit or have the effect of prohibiting any interstate
or intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
(b)Â
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)Â
Will violate any requirement set forth in the FCC Order entitled
"Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless
Broadband Deployment by Removing Barriers to Infrastructure Investment,''
WC Docket No. 17-84; or
(d)Â
Will prohibit, or have the effect of prohibiting, the ability
of an entity to provide utility service to any prospective customer
within the Township.
G.Â
Additional provisions for new poles and ground-level cabinets.
(1)Â
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3),
review applications for comprehensive deployment plans, S-ROW agreements
and any other applications that involve the placement of new poles
and ground-level cabinets within the municipal right-of-way and advise
the Township Committee of its recommendation to approve or disapprove
same.
(2)Â
The Planning Board and Township Committee may engage the services
of expert consultants and advisors to issue guidance and recommend
courses of action, but the final decision to approve or deny any request,
and execute any M-ROW agreement, S-ROW agreement or other approval
or permit, lies solely with the Planning Board, Committee and any
applicable Township agency or department with the authority to approve
same.
(3)Â
If the Planning Board recommends the disapproval of an application
for small cell equipment in the municipal right-of-way, including
new poles and new ground-level cabinets, it shall set forth the factual
basis for such a disapproval in writing.
H.Â
Additional provisions for pole-mounted antenna and pole-mounted cabinets.
(1)Â
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3),
review applications for comprehensive deployment plans, S-ROW agreements
and any other applications that involve the placement of new poles
and ground-level cabinets within the municipal right-of-way and advise
the Township Committee of its recommendation to approve or disapprove
same.
(2)Â
The Planning Board and Township Committee may engage the services
of expert consultants and advisors to issue guidance and recommend
courses of action, but the final decision to approve or deny any request,
and execute any M-ROW agreement, S-ROW agreement or issue any other
approval or permit, lies solely with the Planning Board, Committee
and any applicable Township agency or department with the authority
to approve same.
(3)Â
If the Planning Board recommends the disapproval of an application
for small cell equipment, including pole-mounted antennas and pole-mounted
cabinets, in the municipal right-of-way, it shall set forth the factual
basis for such a disapproval in writing.
I.Â
S-ROW use and agreement fees, and escrow deposits towards reasonable,
actual municipal expenses.
(1)Â
S-ROW agreement and permit fees and charges.
(a)Â
Application and permit fees.
[2]Â
Each additional S-ROW agreement application beyond the first 10 shall require the same fees as set forth above in § 335-49.3I(1)(a)[1].
[3]Â
Construction permit review fee. Each construction permit application shall include a review fee per individual small cell installation, upgrade or removal in accordance with Lacey Township Municipal Code Ordinance § 159-4.
[4]Â
The above fees are deemed reasonable expenses due
to the unique characteristics of small cell sites in the public right-of-way
and the need for specialized expertise and consultation to ensure
the safe, consistent and orderly deployment of same throughout the
Township.
(b)Â
Right-of-way use fee.
[1]Â
In exchange for the privilege of nonexclusive occupancy
of the right-of-way, the successful applicant shall pay to the municipality
an annual fee of $500 for the use of each pole in the right-of-way,
and $100 per month for each municipally owned pole, structure or facility
on which its equipment is deployed.
[2]Â
These fees shall be specified in the M-ROW agreement
between the applicant and the Township.
[3]Â
The initial fee shall be due and payable within
30 days of actual installation of equipment, and on the anniversary
date of the installation each year thereafter. Commencing on the fifth
anniversary thereafter, the right-of-way use fee shall be adjusted
by a percentage amount equal to the percentage change in the U.S.
Department of Labor, Bureau of Labor Statistics consumer price index
which occurred during the previous five-year period for the New York-Northern
New Jersey-Long Island, NY-NJ-PA metropolitan statistical area (MSA).
(2)Â
Escrow deposits toward anticipated and actual municipal expenses.
(a)Â
Escrow for application review services.
[1]Â
An escrow shall be posted to cover the anticipated
municipal expenses associated with the review, revisions to, execution
of and issuance of an M-ROW agreement, S-ROW agreement and any other
land use, construction or municipal permit or approval required in
conjunction with the deployment of small cells by the applicant throughout
the Township.
[2]Â
Said expenses to fees due to expert consultants,
as well as additional expenses incurred by the Planning Board and
Township Committee.
[3]Â
The Township Engineer shall set the escrow amount
with the minimum amount set at $1,000.
[4]Â
If the deposit balance contains insufficient funds
to enable the municipality to perform its review and due diligence,
the applicant will be notified of the insufficient balance. The applicant
shall, within 10 days of said notification, post a deposit to the
account in an amount to be mutually agreed upon.
[5]Â
The Township shall, upon request by the applicant
and after a final decision has been made regarding a pending M-ROW
agreement or S-ROW agreement application, refund any unused balance
from the applicant's escrow deposit account. The applicant shall maintain
a minimum escrow account balance of $1,000.
(b)Â
Escrow for small cell construction management and oversight
services.
[1]Â
The Township may require a separate escrow, at
the Township's sole discretion, on a case-by-case basis, be posted
to cover the cost to the Township of managing, overseeing and inspecting
small cell installations throughout the Township, pursuant to the
approved comprehensive deployment plan.
[2]Â
The expenses covered by this separate escrow may
include, but are not limited to, reimbursement costs associated with
street closures, lane closures, police presence, Department of Public
Works personnel, health and safety oversight and other services which
may be necessitated from time to time by the nature of small cell
installation and upgrade within the right-of-way, which the Township
has a duty and obligation to safeguard and maintain.
[3]Â
Said reimbursement costs may be due to services
provided by the Township or to outside companies or agencies performing
the required oversight and management services, as applicable.
[4]Â
Reimbursement for police to regulate traffic for
the construction, repair and maintenance of small cell facilities
shall be pursuant to the Township reimbursement schedule.
[5]Â
The Township shall set this separate escrow amount
with the minimum amount set at $1,000.
(3)Â
Provisions governing these escrows and their disbursement, along
with the actual and anticipated municipal expenses, shall be covered
in additional detail in the M-ROW agreement.
J.Â
Application to utilities regulated by the Board of Public Utilities,
other entities. 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
section.
K.Â
Pinelands Area.
(1)Â
Notwithstanding the foregoing or anything in this section to
the contrary, within the Pinelands Area, small cell sites on such
lands shall be permitted only in accordance with N.J.A.C. 7:50-5.4(c)
and a comprehensive plan for such facilities approved pursuant thereto
by the Pinelands Commission.
(2)Â
Any requirements imposed by the Pinelands Commission will be
in addition to and will supplement the requirements of this section.
L.Â
FCC shot clock rule. All applications made under this section shall
comply with the shot clocks set forth in the FCC Order entitled "Accelerating
Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment," WT Docket No. 17-79; "Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment," WC
Docket No. 17-84.
M.Â
Miscellaneous provisions.
(1)Â
The execution of an M-ROW agreement by the applicant and the
Township shall grant the Township's consent to the carrier to utilize
the public rights-of-way pursuant to N.J.S.A. 48-19 and N.J.S.A. 27:16-6
and shall control the installation, maintenance, and removal of the
facilities.
(2)Â
This section applies to all facilities, as defined, within public
rights-of-way, except as otherwise provided in any existing franchise,
license or similar agreement.
(3)Â
Each carrier will ensure the right-of-way remains free and unobstructed
except to the extent permitted by its small cell location approvals,
the M-ROW agreement, S-ROW agreement and otherwise.
(4)Â
Any approval received pursuant to this section shall not relieve
the applicant from receiving consent from the owner of the land above
or on which the applicant's facility may be located as may be required
under New Jersey law.
(5)Â
In addition to receiving approval via an approved comprehensive
deployment plan, M-ROW agreement and S-ROW agreement, the applicant
must also receive all necessary road opening permits, construction
permits, and other requirements set forth in Lacey's municipal code
and applicable state statutes.
(6)Â
Lacey's consent for the use of county roads, as required pursuant
to N.J.S.A. 27:16-6, shall take the form of an agreement subject to
the standards and application process set forth in this section, except
that, for such locations, the applicant shall not be required to enter
into an individual S-ROW agreement right-of-way agreement with the
municipality. Notwithstanding, the applicant will include said location
in the comprehensive deployment plan.
(7)Â
Generally, the applicant will take care to ensure that the temporary
obstruction to the right-of-way and surrounding properties caused
by the installation or upgrade of small cells will be conducted so
as to minimize the inconvenience caused to municipal employees as
well as pedestrians, vehicular traffic and the surrounding businesses
and residences.
(8)Â
The provisions of this section shall supersede and replace provisions
contained in Resolution 2017-213 concerning the installation of utility
poles in the public right-of-way by wireless service providers, Verizon
Wireless, in particular. Said resolution does not adequately address
the breadth and scope of anticipated small cell deployment across
the Township.