[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 6-22-2017 by Ord. No. 17-12. Amendments noted where applicable.]
GENERAL REFERENCES
Cellular (wireless) telecommunications antennas — See Ch. 227.
As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA and CELLULAR (WIRELESS) TELECOMMUNICATIONS ANTENNA
Shall be as defined in Chapter 227, Telecommunications Antennas, Cellular (Wireless).
EXISTING POLE
A utility pole that has been installed in the right-of-way prior to the filing of an application hereunder for the installation of telecommunications facilities, or installed by a utility company pursuant to consent previously granted by the Borough.
NEW POLE
A utility pole that is not an existing pole and that is proposed to be installed solely for the purpose of supporting telecommunications facilities. For the avoidance of doubt, a replacement of an existing pole that is of substantially similar height and appearance to the existing pole it is replacing shall not be considered a new pole.
PARTY
An individual, a corporation, a limited-liability company, a general or limited partnership, a joint venture, a business trust, or any other form of business entity or association.
RIGHT-OF-WAY
The space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or hereafter may exist, that are under the jurisdiction of the Borough of Florham Park or the jurisdiction of the County of Morris for which municipal consent may be required pursuant to N.J.S.A. 27:16-6.
TELECOMMUNICATIONS FACILITY
Antenna(s) and related and ancillary structures and equipment.
UTILITY POLE
A vertical structure installed in the right-of-way, which structure can support utility wires and cables, streetlights and related ancillary equipment, and is also capable of supporting telecommunications facilities.
A. 
Any party that is licensed by the Federal Communications Commission (FCC) or authorized by the Board of Public Utilities (BPU) to provide telecommunications services in the State of New Jersey shall be entitled to submit to the Borough Construction Official (the Applicable Official) an application to install a telecommunications facility within the public right-of-way, utilizing an existing pole. Any such application shall be submitted, in writing, to the Applicable Official, and shall include five copies of each of the following documents:
(1) 
A narrative explanation of the proposed facility.
(2) 
A copy of the party's BPU authority or FCC license authorizing such party to provide telecommunications services.
(3) 
A plot plan or detailed sketch depicting the proposed installation, which shall include a key map depicting the site location relative to the nearest cross street, overhead and elevation views, the pole number (if applicable), the number of antennas, the model of the antennas, the dimensions of the antennas, and any specific information requested by the Applicable Official.
B. 
If requested by the Applicable Official, the party shall submit a structural report, which shall be signed and sealed by a New Jersey licensed engineer.
C. 
The Applicable Official shall submit a copy of the applicant's petition to the Borough Council, together with all supporting documentation supplied by the applicant, as well as any information deemed relevant by the Applicable Official.
D. 
Upon receipt of the application package from the Construction Official, the Borough Clerk shall schedule the matter for consideration by the Borough Council during a Council meeting, and shall advise the applicant of the scheduled Council meeting, and that the applicant shall be present for such meeting. The Borough Clerk shall provide notice of the hearing as required by law. At such time, the Council shall consider the application.
E. 
If the application is in compliance with all requirements of this Ordinance, then the Council shall adopt a resolution to approve the application and a related agreement. The resolution may be adopted at the hearing at which the application was reviewed, or at the next subsequent Council meeting. A form of agreement to be adopted is attached hereto as Exhibit A.[1] The agreement may be altered as necessary to suit the appropriate circumstance and shall include as exhibits sketches of the approved installations.
[1]
Editor's Note: Exhibit A is on file in the Borough Clerk's office.
F. 
The applicant shall file for, pay any filing fees and obtain any necessary permits required from the Borough pursuant to the applicable Construction Code or other subcode.
G. 
It shall be the applicant's responsibility to obtain any and all approvals necessary from the owner and/or operator of the utility pole in question to install antennas and related equipment on the pole. If the utility pole is within the right-of-way under the jurisdiction of the County of Morris, the applicant shall obtain the approval of the county to install its facilities. Any resolution adopted by the Borough Council in this regard shall indicate that the Borough's authority is limited to authorizing the antennas and related equipment to be located within the public right-of-way, and the Borough has no authority with respect to obtaining approval from the utility pole owner and/or operator to permit any antennas or related equipment to be located on the pole.
H. 
No antenna or attachment to an existing utility pole shall exceed the height of that pole by more than five feet.
I. 
No antenna shall be attached to an existing utility pole that is located less than 150 feet away from another utility pole that an antenna is already attached to; provided, however, that this shall not prohibit the collocation of two antennas on a single utility pole.
J. 
There shall be an initial application fee of $2,500 for an application to install up to five telecommunications facilities within the public rights-of-way. The application fee for subsequent or additional telecommunications facilities by the same applicant shall be $500 per telecommunications facility. Additionally, there shall be an escrow deposit of $1,000 for said application(s), which escrow deposit shall be used to reimburse Borough construction and inspection fees and shall be subject to replenishment by the applicant upon request by the Borough.
If the application is for installation of a new pole with antennas to be attached to the pole, within the Borough rights-of-way, the applicant shall follow the process set forth in § 227A-2 herein, provided that the following requirements are satisfied:
A. 
The new pole shall be no higher than 115% of the average height of the existing poles within a radius of 500 feet.
B. 
The new pole shall have no antennas or attachments which extend more than five feet above the pole.
C. 
The location of the new pole shall be in a zone where the use is permitted as identified in § 227-2A; provided however, that if the location is in a zone not identified in § 227.2A, but the new pole meets the requirements of Subsections A and B above, and is in a neighborhood where the new pole is consistent with the neighboring streetscape, the Applicable Official shall have the discretion to recommend to the Borough Council that the new pole be approved in accordance with the process set forth in § 227A-2 herein, subject to the additional requirement that the applicant give notice by certified mail to all property owners located within 200 feet of the proposed location at least 10 days prior to the hearing before the Borough Council.
Any application for a new pole which does not satisfy these requirements shall require approval from the Planning Board or Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70 as applicable.