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Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Byram 7-1-2014 by Ord. No. 8-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 213.
Before a public utility places, replaces or removes a pole or an underground facility located in the Township of Byram, the public utility shall notify both the Municipal Engineer and the Municipal Code Official in writing, which may be by fax or e-mail, at least, but not less than, 24 hours before undertaking any excavation related to the replacement or removal of the utility pole or underground facility, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power or for the furnishing of water service or telephone or other telecommunications service on or below a public right-of-way in the Township. The Township Council of the Township of Byram shall notify any public utility that provides service in the Township of the application of the provisions of this chapter.
After completing the placement, replacement or removal of a pole or an underground facility pursuant to this chapter, the public utility shall remove from such right-of-way any pole or underground facility no longer in use as well as any other debris created from such placement, replacement or removal and restore the property, including but not limited to the installation of a hot patch as needed to restore the property within the right-of-way to its previous condition as much as possible.
As used in this chapter, the following terms shall have the meanings indicated:
HOT PATCH
The installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of a site required for the placement or replacement of a pole or an underground facility pursuant to this chapter.
POLE
In addition to its commonly accepted meaning, any wires or cable connected thereto, and any replacements therefor which are similar in construction and use.
UNDERGROUND FACILITY
One or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power, or for the providing of water service, or for the furnishing of telephone or other telecommunications service.
In the event a public utility does not meet the requirements of § 188-2 of this chapter concerning the removal of debris and the restoring of property, including but not limited to the installation of a hot patch, within a right-of-way to its previous condition within 90 days of placement, replacement or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed $100 each day until the requirements of § 188-2 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November through April period. At least five business days prior to the end of the ninety-day period established by this section, the municipality shall notify the public utility that the penalties authorized by this chapter shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of § 188-2 of this chapter. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.). The Superior Court and Municipal Court shall have jurisdiction to enforce the provisions of this chapter. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under § 188-2 of this chapter, unless a written agreement between the public utilities provides otherwise.
Under emergency conditions which significantly impact the placement of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or which pose an imminent or existing threat of loss of electrical, water, power, telephone, or other telecommunications service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of § 188-1 of this chapter shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Municipal Engineer and the Municipal Code Official of Byram Township at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of § 188-2 of this chapter after responding to the emergency.
[Added 12-17-2019 by Ord. No. 16-2019]
A. 
Definitions. As used in this § 188-6, the following terms have the following meanings:
ADMINISTRATIVE REVIEW TEAM
The Township Engineer and Township Zoning Officer.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way permit including, but not limited to, all professional fees such as engineering and attorney costs incurred by the Township in processing applications.
CABINET
A small box-like or rectangular structure used to facilitate utility, telecommunications or wireless service from within the municipal right-of-way.
ELECTRIC DISTRIBUTION SYSTEM
The part of the electric system, after the transmission system that is dedicated to delivering electric energy to an end user.
EXISTING POLE
A pole that is in lawful existence within the municipal right-of-way.
GROUND-LEVEL CABINETS
A cabinet that is not attached to an existing pole and is touching or directly supported by the ground.
MUNICIPAL RIGHT-OF-WAY
The surface of, and the space above or below, any public street, road, place, public way or place, sidewalk, alley, boulevard, parkway, drive, and 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 Sussex where the Township's approval is required for the use of same pursuant to N.J.S.A. 27:16-6. This term shall not include private roadways.
POLE
A long, slender, piece of wood, fiberglass, concrete or metal.
POLE-MOUNTED ANTENNA
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.
POLE-MOUNTED CABINET
A cabinet that is proposed to be placed on an existing or proposed pole.
PROPOSED POLE
A pole that is proposed to be placed in the municipal right-of-way.
RIGHT-OF-WAY AGREEMENT
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.
RIGHT-OF-WAY PERMIT
An approval from the Township setting forth the applicant's compliance with the requirements of this section.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way which are located within 500 linear feet of the proposed pole. Poles carrying electric transmission lines shall not be considered part of the "surrounding streetscape."
UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
UTILITY SERVICE
Electric, telephone, or cable service.
ZONING GROUP A
The F-P, C-R, VC, VB, NC, and IPR zones as designated in § 240-4 of the Revised General Ordinances of the Township of Byram.
ZONING GROUP B
All other zones which are not zones within Zoning Group A, as defined above.
B. 
Access to right-of-way; right-of-way agreements.
(1) 
No person shall operate or place any type of pole-mounted antenna, cabinet or pole within the municipal right-of-way without first entering into a right-of-way agreement with the Township pursuant to the provisions of this subsection.
(2) 
The terms of said right-of-way agreement shall include:
(a) 
A term not to exceed 15 years;
(b) 
Reasonable insurance requirements;
(c) 
Fine for unauthorized installations;
(d) 
A reference to the siting standards as set forth in § 188-6D;
(e) 
Designation of an individual as a point-of-contact available during business hours;
(f) 
Requirements regarding repair, maintenance, relocation and removal of inactive equipment; and
(g) 
Any other items which may reasonably be required.
C. 
Application to utilities regulated by the Board of Public Utilities. Notwithstanding any franchise or right-of-way agreement to the contrary, all antennas, poles and cabinets proposed to be placed within the municipal right-of-way by a utility regulated by the Board of Public Utilities, or any other entity with legal access to the municipal right-of-way, shall be subject to the standards and procedures set forth in this article and shall require right-of-way permits for the siting of poles, antennas and cabinets in the municipal right-of-way.
D. 
Right-of-way permits, siting standards for poles, antennas and cabinets in the right-of-way.
(1) 
No pole, antenna or cabinet shall be installed within the municipal right-of-way without the issuance of a right-of-way permit.
(2) 
No permit will be granted without payment of all applicable fees and/or escrows.
(3) 
Pole siting standards.
(a) 
Height. No pole shall be taller than 35 feet above grade around the pole or 110% of the average height of poles in the surrounding streetscape, whichever is higher.
(b) 
Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:
[1] 
Is used to bring utility service across the right-of-way to an existing or proposed development from an existing pole; or
[2] 
Is replacing an existing pole; or
[3] 
Approved pursuant to a land development application by either the Township's Planning Board; or
[4] 
Located on the opposite side of the street from the electric distribution system; and
[5] 
For sites in Zoning Group B, is 200 linear feet from any other existing pole or proposed pole along the same side of the street, or for sites in Zoning Group A is 100 linear feet from any other existing pole or proposed pole along the same side of the street; and
[6] 
Is not located on a street with all underground utilities; and
[7] 
Does not inhibit any sight triangles or sight distance; and
[8] 
Allows adequate room for the public to pass and re-pass across the municipal right-of-way; and
[9] 
Is finished and/or painted, and constructed, 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.
(4) 
Ground-level cabinet site standards.
(a) 
Ground-level cabinets are permitted only if placement on a pole is not possible or feasible.
(b) 
No ground-level cabinet shall be installed unless it:
[1] 
Does not exceed 28 cubic feet in volume; and
[2] 
Is constructed to blend in compatibly with its background and to minimize its visual impact on surrounding properties. Facilities shall be designed to be camouflaged to the greatest extent reasonably possible including, but not limited to, use of compatible building materials and colors, screening, and landscaping. All antenna arrays, cables, and other accessories used for providing service shall not be obtrusive or noticeably visible; and
[3] 
Does not inhibit sight triangles or sight distance; and
[4] 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(5) 
Pole-mounted antenna and pole-mounted cabinet siting standards.
(a) 
Pole-mounted antennas are permitted on existing poles in all zones, provided that each pole-mounted antenna:
[1] 
Does not exceed three cubic feet in volume; and
[2] 
Is constructed to blend in compatibly with its background and to minimize its visual impact on surrounding properties. Facilities shall be designed to be camouflaged to the greatest extent reasonably possible including, but not limited to, use of compatible building materials and colors, screening, and landscaping. All antenna arrays, cables, and other accessories used for providing service shall not be obtrusive or noticeably visible; and
[3] 
Does not inhibit sight triangles or sight distance; and
[4] 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(b) 
Pole-mounted cabinets are permitted on existing poles in all zones, provided that each pole-mounted cabinet:
[1] 
Does not exceed 16 cubic feet; and
[2] 
Is constructed to blend in compatibly with its background and to minimize its visual impact on surrounding properties. Facilities shall be designed to be camouflaged to the greatest extent reasonably possible including, but not limited to, use of compatible building materials and colors, screening, and landscaping. All antenna arrays, cables, and other accessories used for providing service shall not be obtrusive or noticeably visible; and
[3] 
Does not inhibit sight triangles or sight distance; and
[4] 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
E. 
Application process.
(1) 
Pre-application meeting. While not required by the Township, prior to making a formal application with the Township for use of the municipal right-of-way, all applicants are advised to meet with the Administrative Review Team and the Township Manager to review the scope of applicant's proposal.
(2) 
The Administrative Review Team shall approve or disapprove every right-of-way permit application in writing.
(3) 
All applications made under this section which trigger Federal Communications Commission shot clock rules pursuant to the Federal Communications Commission 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, shall be processed on an expedited basis.
(4) 
Every application for a proposed pole must include a signed and sealed survey prepared by a New Jersey licensed surveyor demonstrating that any such proposed pole is located within the municipal right-of-way. An application which does not include such a survey shall immediately be deemed incomplete.
(5) 
Every application for a pole-mounted cabinet and/or pole-mounted antenna shall provide a certification from a licensed engineer attesting to the structural integrity of the host pole. An application for a pole-mounted cabinet and/or pole-mounted antenna which does not include such a certification shall immediately be deemed incomplete.
(6) 
Every application for a right-of-way permit shall include a fully executed right-of-way agreement between the Township and applicant. An application which does not include such a right-of-way agreement shall immediately be deemed incomplete.
(7) 
If the Administrative Review Team denies any application made under this subsection, he or she shall do so in writing and set forth the factual basis therefor.
(8) 
The Administrative Review Team shall create a checklist setting forth the requirements for an applicant's submission under this subsection. An application that does not meet all necessary checklist requirements shall be deemed incomplete.
F. 
Waiver. The Administrative Review Team may waive any siting standard set forth in § 188-6D where the applicant demonstrates that strict enforcement of said standard:
(1) 
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a); or
(2) 
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(3) 
Will violate any requirement set forth by the Federal Communications Commission 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.
G. 
Right-of-way permit fees and deposit towards anticipated municipal expenses.
(1) 
Every right-of-way permit application must include a nonrefundable deposit towards municipal expenses in the following amounts:
(a) 
One to five co-location sites on existing poles: $500.
(b) 
Each additional co-location site on an existing pole: $100.
(c) 
Each proposed pole: $1,000.
(2) 
Additional deposits.
(a) 
If the deposits are not sufficient to cover the Township's reasonable costs related to the review of an applicant's proposed facilities, an additional refundable deposit towards municipal expenses may be required by the Administrative Review Team when the initial deposit is exhausted.
(b) 
Applicant's additional deposit towards anticipated municipal expenses shall be placed in an escrow account. If said deposit contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer of the Township 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.
(c) 
The Chief Financial Officer shall, upon request by the applicant, and after a final decision has been made by the Administrative Review team regarding his or her pending right-of-way permit application, and subject to review by the Township Engineer, refund any unused balance from applicant's additional deposit towards anticipated municipal expenses.
H. 
Co-location requirement. Any applicant for a right-of-way permit shall, as a condition to the issuance of same, permit the co-location of pole-mounted antennas onto any new pole to the maximum amount that co-location is technically feasible which, in any event, shall not be less than two pole-mounted antennas.
I. 
Miscellaneous provisions.
(1) 
Any approval received pursuant to this chapter does not relieve the applicant from receiving consent from the owner of the soil on which an applicant's facility may be located as may be required under New Jersey law, or the owner of any existing pole on which the facility may be mounted.
(2) 
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 Revised Ordinances of the Township of Byram or state statutes or regulations.
(3) 
The Township'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 Township.
(4) 
The applicant must comply with all applicable state, local and federal regulations.