Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[Added 3-18-2019 by Ord. No. 19-07]
As used in this article, the following terms shall have the meanings indicated:
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.
CABINET
A small box-like or rectangular structure used to facilitate utility 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 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.
NEW POLE
A pole proposed to be placed in the municipal right-of-way.
POLE
A long, slender, rounded piece of wood, 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.
PROPOSED 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.
RESTORATION COSTS
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.
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 applicant's compliance with the requirements of this Article VIII of Chapter 310 of the Revised General Ordinances of the Township of Clark.
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.
TOWNSHIP COUNCIL
The Township Council of the Township of Clark.
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.
ZONE, NONRESIDENTIAL
The CO, CN, COH, CG, CP, I, O, P, GC, CI, COR, and LCI Zones as designated in Article XXI of Chapter 195 of the Revised General Ordinances of the Township of Clark.
ZONE, RESIDENTIAL
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.
B. 
The Township Council shall, by resolution, approve or disapprove every right-of-way permit application based on the recommendations provided to it pursuant to Subsections E and F below.
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.
A. 
Every right-of-way permit application must include a right-of-way permit fee in the following amounts:
(1) 
One to five co-location sites on existing poles - $500.
(2) 
Each additional co-location site on an existing pole - $100.
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.