[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson 10-16-2017 by Ord. No. 2017-13. Amendments noted where applicable.]
A.
The Township's current ordinances concerning antenna equipment
were adopted at a time when antennas were much different than today,
and were typically bulky and bolted to the tops of guyed or lattice
towers.
B.
While this traditional deployment still exists, and will continue
to exist, there are now a variety of complementary and alternative
technologies that are much smaller and provide benefits to the public.
C.
Distributed antenna system ("DAS") networks, and other microcell
systems, use components that are a fraction of the size of the old
deployments, and can be installed on new or existing utility poles,
buildings, and other small structures.
D.
The purpose of this chapter is to standardize the practice of safely
installing and maintaining components of microcell systems throughout
the municipality.
E.
This chapter is also intended to minimize the adverse aesthetic impact
of such systems on surrounding properties, while permitting reasonable
reception and transmission of signals from the systems, without excessive
administrative burdens or costs on the system owners, and to facilitate
wireless telecommunications services to residents and businesses.
F.
It is therefore necessary and appropriate, to the extent permitted
by state and federal law and regulation, to establish a local approval
process to require an attachment permit or attachment approval to
govern the siting, installation, and maintenance of this equipment
onto existing and newly constructed infrastructure.
A.
APPLICANT
ATTACHMENT
ATTACHMENT APPROVAL
ATTACHMENT PERMIT
BOARD
COMMUNICATIONS SERVICES PROVIDER
EXISTING PUBLIC INFRASTRUCTURE
MICROCELL UNIT
NEW INFRASTRUCTURE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A communications services provider which applies to install
and maintain an attachment.
Includes the placement of a microcell unit on a pole, each
aerial cable, together with its associated messenger cable, guy wire,
anchors and other appurtenant and incidental facilities.
The approval granted by the Board for a user to place, install,
construct, replace, move, remove, keep, maintain, operate, or use
an attachment.
The written authorization, issued by the construction official
to the communications service provider, allowing a communications
services provider to install a microcell unit in the municipality.
The Planning Board of the Township of Cinnaminson.
A user who provides or offers to provide cable, telecommunications,
or video services pursuant to a franchise or a federal or state certificate
or other authority and who has a right to use the municipal public
right-of-way for the provision of those services under federal, state,
or local law.
An improvement, equipment, or device, owned by the municipality
or existing in a public right-of-way at the time an application is
submitted.
A device served by a low-power cellular base station or other
power source, covering a limited area, and includes antennas that
less than four feet long, and radio cabinets affixed to, contained
in, or placed on or in a pole or other structure in a public right-of-way,
any municipally owned infrastructure, or an existing structure abutting
a public right-of-way.
Any structure or improvement, including poles, in a public
right-of-way or on property owned by the municipality that is a necessary
component of the application but does not exist at the time the application
was submitted.
B.
Attachment permit for existing public infrastructure or private property.
(1)
An applicant for an attachment permit for the installation of a microcell
unit on existing public infrastructure or private property shall submit
an application to the municipal construction official on forms to
be provided by the municipality.
(2)
When an applicant requests an attachment permit to install a microcell
on existing infrastructure or on private property, the local construction
official shall issue an attachment permit unless requirements established
by this chapter are not satisfied.
(3)
Multiple sites may be proposed in one application, and the official
may issue or deny the application with respect to any or all of the
permits. Each permit shall be site-specific; each location where a
microcell unit is to be installed requires a separate permit.
(4)
The following shall be included in each application:
(a)
Specific location or locations, including tax map designations
and common street addresses, proposed for installation of microcell
units.
(b)
Engineering plans showing location and design of all infrastructure
and microcell units proposed by the applicant.
(c)
If applicable, certification from the owner of the infrastructure
upon which a microcell unit is proposed to be attached indicating
that the applicant has permission to attach the microcell unit.
(d)
Certification of compliance with all applicable state and federal
law and regulations.
(e)
Certification assuming responsibility for all maintenance and
safety issues relative to the microcell unit.
(5)
The construction official shall grant the attachment approval unless
(s)he determines that the applicant has failed to provide information
required by this chapter.
C.
Permit fee. A communications services provider shall not install a microcell unit in the municipality without an attachment permit and, if applicable, attachment approval from the Board. As indicated in Subsection B(3) above, installation upon any site must be preceded by the issuance of an application permit. The fee for each permit shall be $100.
D.
Attachment application for installation on new infrastructure.
(1)
An applicant seeking an attachment permit for the installation of
a microcell unit on new infrastructure shall submit an application
to the Board on forms to be provided by the municipality.
(2)
Notwithstanding any ordinance to the contrary, a communications services
provider shall make an application to the Board, pursuant to N.J.S.A.
40:55D-25(b), for attachment approval prior to taking any action relative
to an attachment in a public right-of-way, or on private property
abutting a public right-of-way. The application shall be subject to
the same notice requirements as all other applications to the Board
for minor site plan approval.
(3)
The following shall be part of the application submitted to the Board:
(a)
Specific location or locations proposed for installation of
microcell units.
(b)
Engineering plans showing location and design of all infrastructure
and microcell units proposed by the applicant.
(c)
If applicable, certification from the owner of the infrastructure
upon which a microcell unit is proposed to be attached indicating
that the applicant has permission to attach the microcell unit.
(d)
Certification of compliance with all applicable state and federal
law and regulations.
(e)
Certification assuming responsibility for all maintenance and
safety issues relative to the microcell unit.
(4)
The Board shall grant the attachment approval unless it determines:
(a)
The application, if granted, would irreparably alter the unique
nature and aesthetic quality of the location proposed for microcell
installation;
(b)
The applicant has failed to meet all reasonable conditions required
by the Board pursuant to its approval of the attachment application;
or
(c)
The applicant has failed to provide information required by
this chapter.
(5)
Upon receipt of the application, the Board shall hear the application
in the same manner as all other applications to the Board.
E.
Application fees and escrows. Any application may include multiple
sites for consideration by the Board for its approval. The application
fee shall be $350 per application; and an escrow of $500 shall be
posted for up to and including 10 separate sites; for each additional
site, an additional escrow of $100 shall be posted. Said escrow shall
be paid in order to defray and cover the costs of the Board's
professionals' review of the application(s). In the event that
the professionals' fees do not exceed the escrow posted, the
applicant shall be refunded the balance. In the event that the applicant's
fees exceed the escrows posted, the applicant shall be responsible
for payment of the balance prior to the issuance of any application
permits.
F.
G.
Enforcement. This chapter may be enforced by the Township Administrator,
Construction Official or Zoning Officer.
H.
Violations and penalties.
(1)
If a communications services provider installs a microcell unit or
performs any construction activity to prepare for the installation
of a microcell unit in the municipality without the necessary approvals
and permits required by this chapter, the construction official shall
fine the communications services provider $2,000 for each violation.
(2)
Each day that a violation of this chapter continues shall constitute
a separate offense. Each location that a violation of this chapter
occurs shall constitute a separate offense.
In the event that any clause, section, paragraph or sentence
of this chapter is deemed to be invalid or unenforceable for any reason,
then the Township Committee hereby declares its intent that the balance
of the chapter not affected by said invalidity shall remain in full
force and effect to the extent that it allows the Township to meet
the goals of the chapter.
