[Added 3-18-2019 by Ord.
No. 19-07]
As used in this article, the following terms shall have the
meanings indicated:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineering and attorney costs incurred by the Township.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching or directly supported by the ground.
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 simply ownership. This term also includes rights-of-way
held by the County of Union 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.
A pole proposed to be placed in the municipal right-of-way.
A long, slender, rounded piece of wood, concrete or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
Are herein defined as the full cost of restoring the right-of-way
to the condition in which it existed prior to the grant of any right-of-way
permit or 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.
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.
The Township Council of the Township of Clark.
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
Any zones permitting single-family, two-family, or multifamily
residences, assisted living residences, nursing homes, and/or residential
health care facilities.
A.
Notwithstanding any provision to the contrary, no person shall operate
or place any type of antenna, cabinet, pole or other facility within
the municipal right-of-way without first entering into a right-of-way
agreement pursuant to the provisions of this section.
B.
The terms of said right-of-way agreement shall include:
(1)
A term not to exceed 15 years;
(2)
Reasonable insurance requirements;
(3)
Fine for unauthorized installations;
(4)
A reference to the siting standards as set forth in this article;
(5)
Provisions ensuring adequate maintenance of the applicant's facilities
within the municipal right-of-way.
(6)
Maintenance and removal bond requirements adequate to ensure that
the applicant's facilities will be adequately maintained and removed
at the end of the term of the agreement or earlier if they are abandoned;
and
(7)
Any other items which may reasonably be required.
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.
A.
No pole, antenna, or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
B.
Pole siting standards.
(1)
Height. No pole shall be taller than 35 feet or 100% of the average
height of poles in the surrounding streetscape, whichever is higher.
(2)
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Approved pursuant to a land development application by either
the Township's Zoning Board of Adjustment or Planning Board pursuant
to a land use application; or
(c)
Is being constructed to house an antenna; or
(d)
Is located on the opposite side of the street from the electric
distribution system; or
(e)
For sites in residential zones, is 200 linear feet from any
other existing pole or proposed pole along the same side of the street,
or for sites in nonresidential zones is 100 linear feet from any other
existing pole or proposed pole along the same side of the street;
or
(f)
Is located in an area which currently has aboveground utilities;
or
(g)
Is not located in an area which currently has underground utilities;
or
(h)
Does not inhibit any existing sight triangles or sight distance;
or
(i)
Allows adequate room for the public to pass and repass across
the municipal right-of-way; and
(j)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibility with its background and so as to minimize its visual
impact on surrounding properties.
C.
Ground level cabinet site standards.
(1)
Ground level cabinets are prohibited in residential zones.
(2)
Ground level cabinets are permitted in nonresidential zones, provided
that each ground level cabinet:
(a)
Is less than 28 cubic feet in volume; and
(b)
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
(c)
Does not inhibit an existing sight triangle or sight distance;
and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
D.
Pole-mounted antenna and pole-mounted cabinet siting standards.
(1)
Pole-mounted antennas are permitted on existing poles in all zones,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
(c)
Does not inhibit sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(2)
Pole-mounted cabinets are permitted on existing poles in all zones,
provided that each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
(c)
Does not inhibit sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(3)
The Township may also require that a permittee provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet and the structure
on which it is proposed to be mounted.
A.
Preapplication meeting. 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 Township Engineer to review the scope
of the applicant's proposal.
C.
All applications made under this section which trigger Federal Communications
Commission shot clock rules pursuant to the Federal Communications
Commission Order entitled "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.
D.
Every application for a new pole must include a stamped survey prepared
by a New Jersey licensed surveyor demonstrating that any such new
pole is located within the municipal right-of-way. An application
which does not include such a survey shall immediately be deemed incomplete.
E.
(Reserved)
F.
Pole-mounted antenna, pole-mounted cabinets, new poles, and ground
level cabinets.
(1)
The Township Engineer shall review applications to place pole-mounted
antenna, pole-mounted cabinets, new poles and ground level cabinets
within the municipal right-of-way and advise the Township Council
of his or her recommendation to approve or disapprove same.
G.
If the Township Council denies any application made under this section,
it shall do so in writing and set forth the factual basis therefor.
A.
The Township Council may waive any siting standard set forth in § 310-36 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.
B.
Deposit towards anticipated municipal expenses and restoration fees.
(1)
In addition to the right-of-way permit fee, the applicant shall post
a $2,000 deposit towards anticipated municipal expenses which shall
include the cost of the repair and restoration of the right-of-way
area. The Township Engineer may waive this requirement where only
the applicant's right-of-way permit fees are needed to reasonably
cover the Township's expenses related to the applicant's application.
(2)
The applicant's 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.
(3)
The Chief Financial Officer shall, upon request by the applicant,
and after a final decision has been made by the Township Council 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
deposit towards anticipated municipal expenses.
A.
Any approval received pursuant to this article does not relieve the
applicant from receiving consent from the owner of the land above
which an applicant's facility may be located as may be required under
New Jersey law, or the owner of any existing pole on which the facility
may be mounted.
B.
The 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 Chapter 310 of the Revised Ordinances of the Township of Clark or state statutes.
C.
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
article. No such applicant shall be required to enter into a right-of-way
agreement with the Township.
D.
The applicant must comply with all applicable state, local and federal
regulations.
E.
This article should not be construed to permit new utility poles to be placed into the municipal right-of-way which would otherwise be prohibited pursuant to § 195-212 of the Revised General Ordinances of the Township of Clark. Rather, this article is meant to regulate how certain types of facilities are placed onto existing poles and to only permit new poles to be placed into the municipal right-of-way that house antennas and are in areas that currently have aboveground utilities. This is done to conform with the requirements set forth in the FCC 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.
