[Ord. #89-69, § I, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
It shall be unlawful for any person, partnership, association
or corporation to cut, break into, excavate, grade, damage, or open
any of the roads, streets, avenues, highways and rights-of-way of
the Township, or easements granted thereto without first making written
application to the Engineering Department stating the kind, character
and purpose of the proposed work and such other information as may
be required to fulfill the requirements of this section.
[Ord. #89-61, § II, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
The Township rights-of-way may have been established and are
maintained primarily for the purpose of movement of vehicles and pedestrians.
It is also desirable to allow individuals and utility companies to
utilize Township rights-of-way for purposes other than transportation.
However, to prevent recurring dangerous and annoying interruptions
to traffic and pedestrians and to avoid interference with road construction
and to provide a uniform standard of construction and construction
methods, it is necessary that strict control be maintained and standard
procedures be followed for excavations, construction and maintenance
of Township rights-of-way.
[Ord. #89-69, § III, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
As used in this section:
Shall mean the mailing address of the individual, group,
partnership or corporation for whom the work under the permit is to
be performed.
Shall mean the street address, or block and lot number where
street address is not available, of the location where the proposed
construction is to take place.
Shall mean those pipes and conduits providing a utility service
between the property line and the utility main.
Shall mean the name of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
Shall mean all material used to bring the excavated area
to subgrade condition.
Shall mean those facilities under the jurisdiction of the
duly franchised Cable TV company only.
Shall mean that area which lies between the curblines, has
a hard surface and is used for vehicular traffic.
Shall mean the work required to be performed under the permit.
Shall mean the individual, group, partnership or corporation
undertaking to do the work requested on the permit.
Shall mean that construction of concrete or bituminous concrete
with a vertical face which defines where the pavement and planting
strip meet.
Shall mean that portion of curb used for ingress and egress
to the driveway.
Shall mean and includes that portion of a right-of-way which
provides access to an off-street vehicular facility through a depression
in the constructed curb; or, when there is no constructed curb, that
area in front of such vehicular facility as is well defined or as
is designated by authorized signs or markings.
Shall mean that area of the driveway between the sidewalk
and the curb or curbline; or, where there is no sidewalk, that area
between the property line and the curbline.
Shall mean those facilities and conduits under the jurisdiction
of the PSE&G Company.
Shall mean when the existing utility is leaking, broken,
blocked or otherwise malfunctioning such that the health, safety and
interest of the public is endangered and immediate action is required.
Shall mean the Township Engineer and his/her appointees,
who represent the Township and will perform inspections on the construction
to be accomplished under the permit.
Shall mean all material removed or disturbed from its original
location.
Shall mean those pipes and appurtenances under the jurisdiction
of the PSE&G Company or the South Jersey Gas Company.
Shall mean those areas so designated or required by law where
the sidewalk is ramped to meet a section of depressed curb for wheelchair
traffic.
Shall mean any work the Township requires to be performed
prior to the release of the maintenance guarantee.
Shall mean where notification within forty-eight (48) hours
is required for work performed of an emergency nature; in the event
of a holiday or Saturday or Sunday, the notification shall be made
the next regularly scheduled business day of the Township.
Shall mean the type of material used for the construction
of the cartway.
Shall mean the document issued authorizing the required construction
to take place.
Shall mean that area between the property line and the curb
or edge of pavement.
Shall mean that area between the sidewalk and the property
line.
Shall mean that area between the sidewalk and curb or edge
of pavement.
Shall mean the removal and replacement of an existing structure,
facility, area or appurtenance as required under the permit.
Shall mean the restoring, patching as may be required of
both a temporary and permanent nature for the conveyance and protection
of the public and the structure, facility, area or appurtenance.
Shall mean the placing back of an existing structure, facility,
area or appurtenance in accordance with current Township specifications.
Shall mean that area which is dedicated to the right of the
public.
Shall mean those pipes and appurtenances under the jurisdiction
of the Township.
Shall mean all utility connections between the right-of-way
and the main under the jurisdiction of the Utility Company, Township
or private ownership.
Shall mean those pipes and appurtenances under the jurisdiction
of the Camden County Municipal Utilities Authority.
Shall mean that area designated for pedestrian traffic having
a hard surface.
Shall mean all written documents, plans, sketches made pertaining
to the method or manner of performing the construction or quality
and quantities of material to be utilized.
Shall mean those pipes and appurtenances which carry storm
water and/or ground water, including roof drains, underdrains, yard
drains and sump pump discharge pipes within the right-of-way.
Shall mean those facilities and conduits under the jurisdiction
of the Verizon Telephone Company or any other local or long distance
telecommunications carrier.
Shall mean the Township of Cherry Hill.
Shall mean those pipes, hydrants and appurtenances under
the jurisdiction of the New Jersey Water Company and the Merchantville-Pennsauken
Water Commission.
Shall mean all new construction and/or replacement or existing
utility mains.
[Ord. #89-69, § IV, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
a.
When construction, reconstruction, replacement, repair, maintenance,
servicing, or installation of sidewalks, driveway aprons, curbs, handicapped
ramps, sanitary sewer mains and laterals, water mains, hydrants and
service laterals, gas mains and service laterals, telephone conduits,
electrical conduits, cable television conduits, sewage authority mains,
all service connections, storm drain mains, inlets and basins and
pavement extensions; the temporary storage of equipment or construction
materials; and any other operations other than Township contracted
projects which may cause abnormal wear to or deface or damage existing
structures, pavement, curbs, sidewalks, or driveway aprons or Township
shade trees within a Township right-of-way or Township owned facility
or easement, a right-of-way approval is required.
b.
An approval shall not be required for new or replacement poles, guys
or overhead wires and cables. The utility company shall, however,
be required to contact the Township Engineer either prior to the placement
of a pole or guy, or in the case of an emergency, within forty-eight
(48) hours of the placement, with the specific location of the required
work to verify the location of all municipal utilities within the
work area. The Cable TV company shall submit to the Township Engineer
on a monthly basis a list of all drop connections (new or replacement)
and all pedestal maintenance work by address.
[Ord. #89-69, § V, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
a.
An application for an approval must be filed with the Township before
preliminary investigation will be made for an approval to be issued.
Standard application forms for this approval may be secured from the
Township Engineering Department's office. These application forms
shall be completely filled in, signed and returned to the Township
Engineering Department's office with a notation on the outside of
the envelope, "Application for Street Opening Approval." An explanation
of the application sketches shall be made either in the space provided
on the application form or a separate sheet in duplicate which the
applicant shall attach to the application. The diagrams, plans or
sketches shall show the location of the work to be done in relation
to the property lines, intersections, curb or edge of pavement, including
the depth of the excavation.
b.
The Township Engineering Department reserves the right to require
more detailed diagrams, plans or sketches where the Department deems
it would be in the best interest of the public. The detailed diagrams,
plans or sketches may be required to show the location of the work
in relation to the outstanding features of the right-of-way, such
as: property lines, intersections, curb and edge of pavement lines,
sidewalks, driveways, driveway aprons, trees, drainage structures
and utility poles by number.
c.
The applicant shall be required to backfill and restore the pavement,
curb, sidewalk and other disturbed areas caused as a result of the
construction work of the applicant, in accordance with the detailed
specifications of the Township.
d.
Once the permit has been issued and the applicant discovers that
additional work or repairs not designated in the original application
are necessary at the same location, the applicant shall notify the
Engineering Department within forty-eight (48) hours and amend the
original application on file in the Engineering Department's office
within seven (7) calendar days of the work being performed.
e.
When it is determined work must be performed of an emergency nature,
the Engineering Department must be notified within forty-eight (48)
hours of the cause of the work and a permit must be obtained from
the Department of Engineering within seven (7) calendar days of the
work being performed.
[Ord. #89-69, § VI, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
All applications for right-of-way approvals must be accompanied
by diagrams, plans or sketches. The Township Engineering Department
reserves the right where applications are made for permits involving
work of major scope to have a complete set of engineering plans drawn
to a scale of not less than one (1") inch equals thirty (30') feet,
and specifications submitted in duplicate along with the application.
The application and plans in all instances will be forwarded to the
Department of Engineering, who will either "approve" or "approve as
noted" or "deny" the plans and specifications. The diagrams, plans,
sketches or specifications shall be so detailed that the exact location
of the various parts of the work, the risk or injury to right-of-way
users and the probability of damage to any trees, highway structures
and private property can be ascertained. Upon the approval by the
Engineering Department of the application, diagrams, plans, sketches
and specifications, the same will be so noted on the application and
permit can then be issued.
[Ord. #89-69, § VII, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
When it appears that the work called for in an application would
cause substantial or needless damage to a right-of-way or create excessive
disturbances to traffic or exceptionally dangerous conditions not
commensurate with the benefits to the applicant, the request for such
permits will be denied. The applicant will be informed about the rejection
by letter, which will state the reason for the rejection. The Township
Engineering Department may refuse to issue a permit when, in their
opinion, work performed under a permit theretofore issued to the applicant
has not been properly executed or when the applicant has failed to
reimburse the Township for recoverable charges billed under the terms
and conditions of a previous permit that was issued in accordance
with this section.
[Ord. #89-69, § VIII, 11-27-89; Ord. #2004-10,
§ 1, 6-28-04]
a.
A permit form must be signed by the Director of Engineering or his/her
designee before it becomes valid. Such permits will be issued through
the Department of Engineering office two (2) days after the application
for permit has been received in good order and approved, unless the
work is of a major scope, a response to the applicant shall be made
within two (2) weeks of the application being filed with the Engineering
Department. The permit shall be issued:
1.
After completion of all aspects of the permit application, diagrams,
plans, sketches and specifications have been reviewed and approved;
2.
After payment of the permit fee(s) (administration and inspection);
3.
After the posting with the Township of the appropriate performance
and maintenance bond and/or escrow funds in the form and amounts approved
by the Township to cover the cost of the temporary and permanent restoration
as well as maintenance for a period of two (2) years.
b.
The permit shall be valid for a period of six (6) months from date
of issue and may be extended for an additional six (6) month period
upon written request to the Department of Engineering prior to the
expiration of the original permit.
c.
For emergency work, a permit will be issued within two (2) days from
the Department of Engineering's office when the Director of Engineering
and/or his/her designees have been notified by the applicant [within
twenty-four (24) hours of the cause for the emergency].
d.
No permit shall be issued for a period of five (5) years where a
pavement has been reconstructed or a period of three (3) years where
a pavement has been resurfaced, unless there is a need shown as a
result of an emergency or hardship. Where a hardship is demonstrated,
the Township Council shall have the authority to authorize the granting
of a permit by resolution. Said resolution shall be prepared by the
Township Clerk upon receipt of a letter from the applicant requesting
relief or waiver of the conditions of this subsection.
[Ord. #89-69, § IX, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
In the event the applicant shall fail to complete or correct
the conditions as required, after the Township Engineering Department
has notified the applicant by mail addressed to the applicant, the
Township may perform the work ten (10) days thereafter and all funds
on deposit shall, without further notice, be credited in an account
to be drawn on to defray the cost of work required to be performed
by the Township. The cost to perform the work shall be reimbursed
from the performance/maintenance bond company or deducted from the
escrow. In the event of an emergency caused by incomplete work or
defective work, any costs incurred by the Township to rectify the
emergency condition shall be reimbursed from the performance/maintenance
bond company or deducted from the escrow.
[Ord. #89-69, § X, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
The applicant or contractor is forbidden to commence work until the items listed in subsection 20-1.8, Issuance of Permit, have been compiled and the applicant has notified the Township Engineering Department's office at least forty-eight (48) hours in advance of the exact date and hour the proposed work is to commence. Utility companies under the jurisdiction of the Bureau of Public Utilities are exempt from providing the exact hour their work is to be performed.
[Ord. #89-69, § XI, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
a.
Prior to the issuance of an approval, the applicant shall deposit
with the Engineering Department a bond or escrow in an amount to be
determined by the Department of Engineering and the form of the bond
shall be approved by the Township Solicitor.
b.
The amount of bond or escrow will be established separately for each
permit so that the Township will be protected against loss in the
event of the failure of the permit holder to complete the work or
make required repairs or restoration of damages involving the work
or encroachment authorized by the permit. The amount of bond or escrow
shall be computed on the basis of cost required to make proper restorations
or repairs of a temporary and/or permanent nature. As part of the
approval for application for permit, the Township Engineering Department
shall advise on the permit application form the amount of the bond
or escrow required.
c.
An annual blanket bond not less than twenty thousand ($20,000.00)
dollars acceptable to the Solicitor of the Township may be deposited
to avoid the inconvenience and expense of obtaining individual bonds
for each permit requested.
d.
The performance bond shall also encompass a maintenance bond once
the permanent restoration has been completed and accepted by the Township.
e.
Upon completion of final and permanent restoration and acceptance
by the Township, the performance bond or escrow will be returned subject
to a fifteen (15%) percent maintenance bond or escrow being posted.
f.
The maintenance bond or escrow shall remain in effect for a two (2)
year period of time. The bond or escrow shall be released to the permit
holder upon satisfactory completion of all restoration and repairs
during the initial permit period as well as any corrective work required
during the two (2) year maintenance period. The two (2) year maintenance
period shall commence after final inspection of the work performed
under the permit and the acceptance of the work by the Township.
g.
For all utilities under the jurisdiction of the Bureau of Public
Utilities, a blanket corporate bond acceptable to the Township Solicitor
in the amount of twenty-five thousand ($25,000.00) dollars may be
deposited with the Township in full force and effect in lieu of separate
bonds or escrows for each required permit as surety for the performance
and maintenance period. Said maintenance period shall be for a period
of two (2) years and shall commence after the final inspection of
the work performed under the permit and the acceptance of the work
by the Township.
[Ord. 89-69, § XII,
11-27-89; Ord. #2004-10, § 1, 6-28-04]
a.
Prior to the issuance of a permit, the applicant shall pay to the
Department of Engineering a fee of one hundred ($100.00) dollars to
cover the cost of administration. In addition, a fee to cover the
cost of inspection shall be determined by the Engineering Department.
The inspection fee shall not be less than one hundred ($100.00) dollars
for the first one thousand ($1,000.00) dollars estimated cost of right-of-way
restoration and for each additional one thousand ($1,000.00) dollars
estimated cost of right-of-way restoration, an additional fifty ($50.00)
dollars per one thousand ($1,000.00) dollars estimated cost shall
be paid to the Township for inspection prior to the permit being issued.
For sidewalk and/or apron replacement only, the applicant shall pay
a cash fee of seventy-five ($75.00) dollars per property to cover
the cost of administration and inspection.
b.
A surety shall be posted for all work to be done within the right-of-way
(other than sidewalk and/or apron replacement only). The surety shall
be five hundred ($500.00) dollars for ten (10) square feet or less
of opening, and an additional charge of thirty-five ($35.00) dollars
per square foot in excess of the first ten (10) square feet. The posting
of said surety shall not be required of a utility company under the
jurisdiction of the Bureau of Public Utilities or a contractor who
has posted an approved blanket bond.
[Ord. #89-69, § XIII, 11-27-89; Ord. #2004-10,
§ 1, 6-28-04]
All work to be performed for excavating or opening of roads,
streets, highways, avenues or rights-of-way in the Township shall
be performed in accordance with the current specifications entitled,
"Detail Specifications for the Excavating or Opening of Streets, Roads,
Avenues, Highways and Rights-of-Way in the Township of Cherry Hill,
County of Camden," which are on file in the Township Engineer's office.
[Ord. #89-69, § XIV, 11-27-89; Ord. #2004-10, § 1,
6-28-04]
The terms of this section shall not apply to a street or right-of-way
in any subdivision approved by the Township Planning Board prior to
the Township accepting the street or right-of-way for maintenance
purposes, or for any work covered under separate contract for the
Township.
[Ord. #89-69, § XV, 11-27-89; New; Ord. #2004-10,
§ 1, 6-28-04]
[Ord. #73-7, § 1, 2-26-73; Ord. #2004-10, § 1,
6-28-04]
No person shall place or maintain any encroachment, obstruction
or encumbrance in, over or upon any street, avenue, highway, road,
lane, sidewalk, walkway or right-of-way subject to public use of the
Township.
[Ord. #73-7, § 2, 2-26-73; Ord. #85-5, § 1,
2-25-85; Ord. #2004-10, § 1, 6-28-04]
Warning signals and barricades used during construction are
to be excepted from this section, along with basketball backboards
on cul-de-sacs.
[Ord. #73-7, § 3, 2-25-85; Ord. #2004-10, § 1,
6-28-04]
Any person violating subsection 20-2.1 of this section shall be notified in writing either personally or by certified mail, return receipt requested at the address as shown on the Township tax records to remove the encroachment within fifteen (15) days of receipt of the notice. Upon failure to remove the obstruction within fifteen (15) days of receipt of the notice, the Township shall remove same and the expense of such removal shall be charged against the landowner or occupant.
[Ord. #65-14, § 1, 5-10-65; Ord. #88-65, § 1,
10-11-88; Ord. #2004-10, § 1, 6-28-04]
Within the Township no person or corporation shall deposit or
cause to be deposited dirt, garbage, rubbish, debris or other waste
matter on any highway, street or any lands in the Township or portions
thereof.
[Ord. #65-14, § 2, 5-10-65; Ord. #88-65, § 2,
10-11-88; Ord. #2004-10, § 1, 6-28-04]
If, despite preventative efforts, any dirt, garbage, rubbish,
debris or other waste matter is deposited, thrown, spilled or dumped
upon any highway, street or any lands in the Township or portions
thereof, the person which caused the same, shall before 6:00 p.m.
of the same day, remove the same without permitting it to enter the
Township's storm water drainage system or any stream within the Township.
[Ord. #88-65, § 3, 10-11-88; New; Ord. #2004-10,
§ 1, 6-28-04]
[Ord. #76-49, § 6, 9-13-76; Ord. #83-34, § 6,
8-22-83; Ord. #2004-10, § 1, 6-28-04]
The owner or tenant of any land abutting upon public highways,
roads, or streets in the Township shall remove weeds, debris, broken
glass, fallen leaves and branches, and all other types of refuse from
the abutting sidewalks and gutters of the public streets and maintain
the same in a manner that is described in provisions of this section
or in an acceptable manner to prevent health and safety hazards and
to preserve aesthetic appearance (N.J.S.A. 40:65-12).
[Ord. #89-52, § 1; Ord. #2004-10, § 1,
6-28-04]
Sidewalks shall be installed in connection with all road reconstruction;
however, in the following instances sidewalks may be omitted by Council:
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Address issues associated with the deployment of wireless communications
facilities in the public rights-of-way;
b.
Acknowledge that wireless communications carriers may enter into
written agreements with parties that have the lawful right to erect
poles in the public rights-of-way pursuant to N.J.S.A. 48:3-18, and
that the consent of the municipality is required pursuant to N.J.S.A.
48:3-19, if the party seeking to install such facilities does not
have an independent lawful right to construct such facilities;
c.
Conserve the limited physical capacity of the public rights-of-way
held in public trust by the Township and the County.
d.
Assure that any and all telecommunications carriers providing telecommunications
services in the Township through telecommunications facilities, including
but not limited to small cell equipment and wireless poles, comply
with the laws, rules and regulations of the Township.
e.
Small cell wireless facilities can be utilized to provide coverage
in areas where telecommunications service gaps exist, to assist the
public and ensure adequate cell service throughout town.
f.
Assure that the Township can continue to fairly and responsibly protect
the public health, safety, and welfare.
g.
Enable the Township to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition,
customer demand, and technological development.
[Added 7-26-2021 by Ord.
No. 2021-5]
For the purposes of this section, the following terms, phrases,
words, and their derivatives shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural. Any term not defined
in this section shall have the meaning ascribed to it in the New Jersey
Municipal Land Use Law, 40:55D-1 et seq., unless the context clearly
requires otherwise. In the event that a term is not defined by this
section, said term shall have its common and/ordinary meaning:
The entity seeking a Township permit to construct or install
a wireless facility or facilities in the Township right-of-way. "Applicant"
shall include a carrier, a competitive local exchange carrier (CLEC)
or other third-party operator as herein defined. The applicant shall
notify its contractors and subcontractors of the requirements of this
section and shall be responsible for any violations of this section
by any of its contractors. Applicant shall include the term "permittee"
when required permits have been issued pursuant to this section.
Any firm, partnership, association, corporation, limited
liability company, or any other legally recognized organization, licensed
by the Federal Communications Commission to provide personal wireless
services or authorized by the New Jersey Board of public utilities
to provide telecommunications services in the State of New Jersey.
The shared use of wireless facilities by more than one wireless
carrier
A phone company authorized by the New Jersey Board of Public
Utilities (sometimes referred to as "NJBPU") to provide telecommunications
services in direct competition with the Incumbent Local Exchange Carriers
(ILECs) and other CLECs using its own wires and facilities or through
wholesale sharing arrangements with other providers. This does not
include wireless carriers as per the NJ BPU:
As an approved CLEC, the carrier receives certain rights and
privileges related to access to rights-of-way, poles and conduits
to place its wires and facilities used only in the provision of landline
telecommunications services.
If CLECs are providing wireless services which are not within
the Board's jurisdiction, the CLEC must follow federal and local
municipal zoning rules to gain access to rights-of-way, poles and
conduits to provide its wireless services.
If an approved CLEC also provides wireless services or wireless
capacity to a wireless provider, it must obtain local zoning approval
and permits from the municipality.
A casing or encasement for wires or cables.
That permit issued by the Construction Official of the Township
of Cherry Hill in accordance with the Uniform Construction Code of
New Jersey to permit construction or installation of telecommunications
equipment pursuant to this chapter. (A zoning permit is a required
prior approval necessary for the issuance of a construction permit.)
The County of Camden, State of New Jersey.
Calendar days unless the text should indicate business days.
Calendar days include Saturday, Sunday, and legal holidays. Business
days shall exclude Saturday, Sunday, and legal holidays.
All structures, devices, equipment and materials, including,
but not limited to, antennas, radios and radio cabinets, electrical
wires and cables, fiber optic cables, communications and video cables
and wires, poles, conduits, pads, backup power supply and other components
of personal wireless service facilities, and appurtenances thereto,
located in the public rights-of-way. Each pole mounting set up shall
be a separate facility for regulatory purposes, applications, and
fees.
The Township Council of the Township of Cherry Hill in the
County of Camden, State of New Jersey.
The Township of Cherry Hill, County of Camden, State of New
Jersey.
The entity to which a permit has been issued pursuant this
section and master license agreement for use of public rights-of-way.
This term shall also mean any contractor or subcontractor doing any
work for the carrier.
Equipment at a fixed location that enables personal wireless
service between user equipment and a communications network, including
but not limited to: (a) equipment associated with personal wireless
services such as private, broadcast and public safety services, as
well as unlicensed wireless services and fixed wireless services;
and (b) tower, radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies and comparable equipment,
regardless of technological configuration.
Any technologies defined in 47 U.S.C. § 332(c)(7)
including commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services, provided to
personal mobile communication devices through wireless facilities
or any fixed mobile wireless services provided using personal wireless
facilities.
The surface, the air space above the surface, and the area
below the surface of any street, road, highway, lane, alley, boulevard,
or drive, including the sidewalk, shoulder and area for utilities
owned or controlled by the Township of Cherry Hill or the County of
Camden or within an easement to the public or other easement owned
or controlled by the Township of Cherry Hill or the County of Camden.
The proposed facility(ies) must, to the greatest extent possible,
duplicate other structures such as utility poles in the immediate
vicinity [e.g., similar size, color, height, design] and shall otherwise
meet all the standards established by this section/Chapter.
That Committee established pursuant to § 20-8.19.
A new structure for the mounting of facilities that conceals
all of the telecommunications equipment and blends with the overall
environment, e.g., light poles, flag poles, traffic lights, etc.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way as defined in the Municipal Land Use Law, 40:55D-7.
An applicant or permittee that is not specifically a licensed
wireless carrier or CLEC that will build, operate and maintain wireless
facilities for the provision of service of one or more wireless carriers.
The Township of Cherry Hill, in the County of Camden, State
of New Jersey.
A tall wooden pole that is used to support telephone wires,
electrical wires, etc.
The Zoning Officer of the Township of Cherry Hill or his/her
authorized designee, including the Assistant Zoning Officer or any
administrative officer within the Department of Community Development.
The document signed by the Zoning Officer pursuant to N.J.S.A.
40:55D-18 that is required as a condition precedent to the installation
of an individual facility and which acknowledges that the facility
complies with the provisions of this section, or approved deviation
therefrom.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Purpose. The purpose and intent of this section is for the Township
to exercise its lawful authority to grant consent to the limited use
of the public rights-of-way and to allow the attachment of facilities
only to existing wooden utility poles and/or approved Township stealth
poles located therein pursuant to N.J.S.A. 48-19, subject to certain
conditions as stated herein, in order to allow the prompt deployment
of facilities while also effectively managing the public rights-of-way
and protecting the aesthetic and safety interests of the public.
b.
Facilities subject to this section. This section applies to all facilities,
as herein defined, within the public rights-of-way, except as otherwise
provided in any existing franchise, license or similar agreement.
The deployment of facilities on private property and public property
outside of the public rights-of-way shall not be controlled by this
section or the master license agreement, but by the Township Zoning
Ordinance and the New Jersey Municipal Land Use Law. In no event shall
this section apply to the Township or facilities owned or operated
by the Township.
c.
Master License Agreement Required. Every carrier seeking to install
facilities in the public rights-of-way, excluding those holding a
franchise, license or similar agreement with the Township, shall first
enter into the master license agreement substantially complying with
the requirements of this chapter and apply for and obtain a zoning
permit as provided herein. The execution of the master license agreement
by the carrier and the Township shall grant the Township's consent
to the carrier to utilize the public rights-of-way pursuant to N.J.S.A.
48-19 and N.J.S.A. 27:16-6 and shall control the installation, maintenance,
and removal of the facilities.
d.
Duration of Consent and Removal. The non-exclusive consent granted
to the carrier shall expire in 15 years unless earlier terminated.
Carrier may cancel this agreement upon 60 days' prior written
notice to the Township of Cherry Hill. Upon expiration of such consent,
or at such earlier date that the carrier ceases to operate its facilities
for a period of 90 consecutive days, the carrier shall remove its
facilities and restore the right-of-way at its sole cost and expense.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
FCC Radio Frequency Emissions Compliance. The applicant must perform
a predicted analysis of the radio frequency emissions for each location
to demonstrate the compliance with FCC Rules and Regulation under
Bulletin OET-65 Evaluating Compliance With FCC Guidelines for Human
Exposure to Radio frequency Electromagnetic Fields, or any other applicable
FCC regulations at the time of the application. This same analysis
must be performed each time additional radio channels or spectrum
is added to a location, or power levels are changed from the initial
application for a location, to demonstrate continued compliance with
applicable FCC regulations.
b.
Use of Existing Poles.
1.
A carrier seeking to use the Township rights-of-way for the installation
of facilities as defined by this chapter must first execute the master
license agreement approved by the Township Council.
2.
Prior to the execution of the master license agreement, the carrier
shall provide to the Township a complete list or inventory of existing
poles within the Township that the carrier will or may use for the
installation of facilities. Such inventory shall be physically viewed
and inspected by the Site Committee within 30 calendar days of receipt
and the carrier shall be notified as to whether the designated poles
are satisfactory. If any are rejected, the Site Committee shall notify
the carrier of the pole or poles rejected and the reasons for rejection.
Once the inventory list is approved, such approval shall be good for
five years from the date of approval. During such five-year approval
period the carrier may, at any time, make use of any of the pre-approved
poles by providing written notice to the Township Zoning Officer with
a copy of the notice to both the Township Clerk and Business Administrator.
The Zoning Officer shall issue a zoning permit with the necessary
construction permit to follow in due course.
3.
No pole or poles shall be used unless a zoning permit and construction
permit is issued as provided herein.
4.
A zoning permit and construction permit may cover multiple installations
in multiple locations provided the specific locations are designated
in the permit application.
c.
Use of New or Replacement Poles.
1.
When a carrier concludes that an existing pole or poles cannot be
utilized, is unsuitable for the installation of facilities, or where
the use of existing poles may be prohibited by this section under
this chapter, the carrier may propose the use of a replacement pole
or the installation of a new pole within the right-of-way. The carrier
shall submit a preliminary request to the Zoning Officer with copies
to both the Township Clerk and Township Administrator. This section
applies to any proposal to install/construct a stealth structure,
excluding where required, as those terms are defined herein. A new
pole or replacement pole will only be approved when a carrier establishes
by conclusive evidence that existing facilities are either unusable
or unsuitable under the existing circumstances which shall include:
(a)
A letter outlining the reasons why existing poles are unusable.
(b)
Analysis and accompanying letter from a NJ licensed structural
engineer stating the pole will not support the proposed facilities
or any alternative configurations of these facilities;
(c)
Evidence that no other structures, including nearby buildings
on adjacent properties are suitable or willing to allow co-location;
(d)
Any additional information as the Township may require to demonstrate
that existing facilities are unusable or unsuitable.
2.
New poles shall only be permitted to be stealth structures as defined in § 20-8.2 and in conformance with § 20-8.6.
(a)
If the stealth structure is a street light, the applicant/owner
of the pole will be required to pay for the installation, maintenance,
and electricity costs.
(b)
If the stealth structure is a street light, the applicant/owner
of the pole shall be required to replace existing light poles, if
feasible.
(c)
The light shall function in the same manner as adjacent poles
within the vicinity.
(d)
If the stealth structure is a traffic light, the applicant/owner
of the pole will be required to pay for the installation, maintenance,
and electricity costs. The telecommunications equipment shall be metered
separately from the traffic signal. Additionally, if the traffic light
includes pedestrian signals they shall also be replaced.
4.
Such preliminary request shall contain a plan showing:
(a)
The exact location of the existing or proposed pole, and all
structures located within 50 feet of the replacement/additional pole;
(b)
Whether it is a proposed replacement of an existing pole or
an additional pole;
(c)
If an additional pole, a description of the proposed installation
and type of pole to be utilized including a construction detail of
the pole;
(d)
Any additional information as the Township may require.
5.
Upon receipt of a complete application, and after supplementation
as the Township may require, the application will be reviewed by the
Township which may include a review by the Site Committee established
under this chapter. Within 30 days of receipt of a complete application,
the carrier will receive a preliminary determination from the Township.
6.
If the carrier agrees with the preliminary determination, the site
inventory of poles will be updated and the matter submitted to Township
Council for approval and, upon approval, the zoning permit and construction
permits may be issued.
7.
If the carrier does not accept the preliminary determination, then
representatives of both the carrier and the Township will meet in
an effort to resolve disputed issues.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Permit required. No carrier, without first filing an application
and obtaining a zoning permit from the Township Zoning Officer pursuant
to N.J.S.A. 40:55D-18, shall construct any facility within any public
right-of-way.
b.
Application requirements. The application shall be submitted electronically
and contain, at a minimum, the following:
1.
The carrier's name and address and telephone number of the contact
person for such carrier;
2.
The applicant's name and address, if different than the carrier,
and telephone number of the contact person for such applicant;
3.
The names, addresses, telephone number of the professional consultants,
if any, advising the applicant with respect to the application;
4.
A brief description of the proposed work;
5.
A legible plan, signed and sealed by a licensed New Jersey engineer
that shall show:
(a)
Existing and proposed structures, utilities, sidewalks, driveways,
curbs, drive lanes, fences and other pertinent surface features in
the vicinity of the pole.
(b)
In the detail documentation, the pole or support structure design;
the small wireless facility design details including all components;
and any other attachments such as fiber demarcations, battery backup,
and power meters. Design documentation shall include any handholes,
manholes, pedestals, demarcation enclosures, splice cases, and conduits
surrounding the small wireless facility and shall illustrate how the
backhaul and power will interconnect with the small wireless facility.
They shall also show total cubic feet requirements.
(c)
Location information must be provided, which shall include the
911 address of the proposed pole; Global Positioning System (GPS)
coordinates of the proposed pole; and the location of the wireless
equipment attachment.
(d)
An electronic Geographic Information System (GIS) map identifying
the location of the proposed pole, adjacent pole infrastructure, Township
or county-owned radio frequency equipment within a 300-foot radial
distance, and nearby historic landmarks shall be provided.
6.
A traffic control plan during installation and maintenance of the
proposed facility.
7.
A right-of-way restoration plan.
8.
A maintenance plan for, but not limited to, any painted facilities
and landscaping that may be a part of the application.
9.
Any request for a deviation from one or more provisions of this section.
10.
Such additional information as may be reasonably required by the
Township Zoning Officer.
d.
Recurring Fees. Annual recurring fees shall be payable as set forth
in Appendix A.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Installation of facilities. It shall be lawful for wireless communication
carriers to install facilities in the public rights-of-way on existing
wooden poles only or stealth poles where no wooden poles are available,
except in residential zones where only new stealth poles shall be
permitted in the public rights-of-way. Wireless communication carriers
shall comply with all requirements of this section and the terms and
condition of the master license agreement. All applicants shall obtain
any and all approvals necessary from the owner and/or operator of
the wooden utility poles to be used;
b.
Other approvals. All applicants shall obtain any and all approvals
necessary from any other governmental agency in addition to the owner
and/or operator of the wooden utility poles to be used;
c.
Height. No antenna or attachment to an existing wooden utility pole
shall exceed the height of that pole by more than five feet;
d.
Ground Equipment.
1.
All equipment that can be located underground shall be located underground
(excluding antennas and electric meters).
2.
If a deviation is requested from the installation of underground
equipment, aboveground equipment shall:
(a)
Be concealed from public view using landscaping or other concealment
techniques, such as integrated into the base of the pole if a new
or replacement pole is being used;
(b)
If not integrated into the base of the pole the cabinet shall
not exceed 42 inches in height and 24 inches in width, or exceed 28
cubic feet in volume;
(c)
Be finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties;
(d)
Not interfere with any existing sight triangles or sight distance;
and
(e)
Allow adequate room so as not to impede the public or municipality's
use of the right-of-way.
e.
Pole-Mounted Equipment (antennas and cabinets) on Existing or Replacement
Poles.
1.
Must be located a minimum of 10 feet above ground level.
2.
Must be flush-mounted as near as possible to the pole and may not
extend further than 20 inches from the pole.
3.
Cabinets shall not exceed more than 20 inches in width.
4.
Cabinets shall not exceed 16 cubic feet in volume.
5.
All cabinets shall be painted the same color as the pole.
6.
Cabinets shall be mounted on the side of the pole away from oncoming
traffic.
7.
Riser Cable: Riser cables to connect antennas and antenna accessory
equipment, backhaul services, and power lines on wooden utility poles
shall be in conduit on the side of the pole facing away from oncoming
traffic.
8.
Conduit Requirements: Conduits shall be a neutral color or a color
matching the pole. No riser cable slack shall be stored externally.
All slack shall be stored in junction boxes or equipment cabinets
or on "snowshoes" on the aerial cable. All jumpers and equipment connection
cabling shall be concealed to minimize visual impact.
9.
The increase in the height of an existing or replacement utility
pole shall be no more than 10% of its existing aboveground height
or 50 feet, whichever is greater, inclusive of antennas.
10.
All antennas must be placed in-line with the pole.
11.
When antennas are placed in-line with the pole, antennas must have
a smooth cylindrical shape, i.e., ideally, a single canister; or multiple
separate antennas placed inside sheathing that is flush with the pole;
or of a form factor design in which multiple antennas merge into a
single smooth shape that conforms to the space requirements of the
pole on which it is mounted.
12.
Canisters attached to the top of the pole shall not exceed the diameter
of the pole, unless technically required, and then shall not exceed
the width of the pole by more than 50% of the pole at the point of
attachment.
13.
No separately mounted antennas will be allowed on a single installation,
e.g., as with physically separate panel antennas for each sector.
14.
Antennas on stealth poles must be the same color as the pole. Antennas
on wooden utility poles must be a neutral, unobtrusive color, e.g.,
black, brown, dark green, etc. antennas on existing streetlight poles
must be the same color as the pole.
15.
Antenna attachments are limited to the following types and dimensions:
(a)
Small antennas enclosed in a canister must have a combined maximum
height of three feet and a maximum total volume of three cubic feet.
16.
The combined equipment mounted on the pole, including preexisting
or proposed antenna equipment, shall not exceed a combined volume
of 20 cubic feet. Facilities shall not obstruct, impede, or hinder
the usual travel or public safety on a public right-of-way.
f.
New Stealth Structures and Replacement Poles.
1.
All new stealth poles shall have all equipment concealed within the
pole or its base.
3.
New and replacement poles shall be located within the same distance
to curbs and sidewalks as other poles in the area.
4.
New and replacement poles shall not be taller than 50 feet or 10%
taller than any existing pole within the same vicinity, whichever
is greater, however, in no case shall a facility exceed 35 feet in
any residential zone. The height of adjacent poles shall be shown
on any plans submitted for approval of a new or replacement pole.
5.
In residential zones, new poles shall not be placed in the perpendicular
extension of the front facing facade.
6.
New poles shall be no closer than 25 feet to any existing utility
pole and shall be a minimum of 250 feet from an existing small cell
wireless installation.
g.
Placement of Facilities.
1.
Advertising on support structures or equipment is prohibited.
2.
In hollow structures, the wiring and cables should be housed within
the support structure pole and extended vertically within flexible
conduit.
3.
Spools and/or coils of excess fiber optic or coaxial cables or any
other wires shall not be stored on the pole except completely within
the approved enclosures or cabinets.
4.
Signs or illumination on the antennas or support structure are prohibited
unless required by the FCC, the Federal Aviation Administration, or
the Township.
5.
Small wireless facilities, wireless support structures and related
ground equipment shall not impede pedestrian or vehicular traffic
in the public right-of-way. If any small wireless facility, wireless
support structure or ground equipment is installed in a location that
is not in accordance with the plans approved by the Township and impedes
pedestrian or vehicular traffic, or does not comply with or otherwise
renders the public right-of-way noncompliant with applicable laws,
including the Americans with Disabilities Act, then the wireless facility
owner shall, upon written notice of the violation, promptly, i.e.,
within a period no greater than 30 days, remove the small wireless
facility, wireless support structure, and/or ground equipment.
6.
A distinct marker (tag) shall be placed on small wireless facilities
that will allow the ready identification of the type of attachment,
its owner. The marker shall be limited to a six-inch-by-four-inch
plate and shall be placed six inches from grade.
7.
On nonwooden poles, all cables shall be placed inside the pole and
shall not be visible on the outside of the pole.
8.
Facilities shall not obstruct the legal use of a public right-of-way
by any public or private utility providers.
9.
Facilities shall not impede, obstruct, violate, conflict with, or
hinder any mode of travel or access to the public right-of-way or
driveway.
10.
Facilities shall not obstruct any access to any fire escape, fire
hydrant, doors, gates, stoops, public transportation vehicles, shelters,
street furniture, or other improvements at any public transportation
stop.
11.
Facilities shall not obstruct the sight line of any commercial or
residential ingress/egress, and a minimum of 15 feet shall be maintained
between the pole and the outside edge of any ingress/egress and 25
feet from any intersecting street.
h.
Lighting and Noise.
1.
No panel or LED lighting may be visible on small wireless facilities
equipment, e.g., cabinets. If there are lights on the supplied equipment,
they must be covered, removed, or deactivated.
2.
Small wireless facilities must comply with the Township's Noise
Ordinance.
3.
Antennas and equipment should be passively cooled. However, should
a ground-mounted cabinet require active cooling, it must comply with
the Township's Noise Ordinance.
4.
Applicants are required to incorporate noise-suppression measures
with the installation of small wireless facility equipment, or place
equipment in locations where noise is less likely to impact adjacent
residences and businesses to ensure compliance with all applicable
noise regulations and ordinances.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
The Zoning Officer shall approve or reject the permit application
within 10 business days, unless the applicant consents, in writing,
to an extension of time beyond the 10 days.
b.
If the application is rejected, the reason for such rejection shall
be stated in writing.
c.
If the Zoning Officer determines that the permit application is incomplete
and insufficient to enable the Zoning Officer to either approve or
reject the application, then, in such case the Zoning Officer shall
inform the applicant in writing what information is missing and this
shall be deemed a denial of the application.
d.
If the application does not conform to the requirements of this chapter
and no request for a deviation is made with the application, the Zoning
Officer shall reject such application in writing, stating the reasons
therein.
[Added 7-26-2021 by Ord.
No. 2021-5]
A zoning permit from the Zoning Officer shall confirm compliance
with this section and shall authorize the permittee to apply for construction
permits to undertake the work set forth in the plans filed with the
permit application. The permit shall not grant authority to the permittee
to impinge upon the rights of others who may also have an interest
in the public rights-of-way.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Request for Deviations. A carrier proposing to deviate from one or
more of the provisions of this section shall do so in writing to the
Zoning Officer as part of the permit application. The request shall
identify each provision of this section from which a deviation is
requested and the reasons why a deviation should be granted.
b.
Authority to Grant Deviations. The Zoning Officer shall have no authority to grant a deviation from any conditions of § 20-8.6, Conditions and Requirements. Before granting or denying any deviation from § 20-8.6, the Zoning Officer shall first consult with the Township's telecommunications Consultant who may seek input or advice from any Township Official including, but not limited to, the Township Solicitor, Director of Community Development, and/or Township Engineer. For deviations from all other sections of this section, the Zoning Officer shall decide whether a deviation is authorized by this section and the carrier requesting the deviation has demonstrated that:
1.
One or more conditions not under the control of the carrier (such
as terrain features or an irregular public rights-of-way line or condition)
create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision;
and
2.
All other designs, methods, materials, locations or facilities that
would conform to the provision from which a deviation is requested
are impracticable in relation to the requested approach.
c.
Additional Conditions for Granting of a Deviation. As a condition
for authorizing a deviation, the Zoning Officer may require the carrier
requesting the deviation to meet reasonable standards and conditions
that may or may not be expressly contained within this section but
which carry out its purposes.
d.
Material Deviations. In the event the actual size, type, material,
or location of any facilities installed in the public rights-of-way
deviate in a materially significant way from that which was shown
on the plans submitted with the zoning permit application, the permittee
shall file new plans with the Zoning Officer within 30 days of request
or be subject to a stop-work order, an order of removal, or a requirement
to apply to the Governing Body for relief.
e.
Referral to Site Committee. If the Zoning Officer determines, after consulting with the Township telecommunications Consultant, that the deviation requested (or existing) is a major deviation and/or that practical hardship has not been properly demonstrated, or is a deviation from § 20-8.6, the request shall be referred to the Director of Engineering who shall refer the matter to the Site Committee. If the Site Committee denies the request for a deviation, then the permittee shall, within 30 days of said denial, either remove the facility from the public rights-of-way (if installed) or modify the facility so that it conforms to this section and submit revised plans to the Zoning Officer for approval.
f.
The Site Review Committee may, with the approval of Township Council,
grant a deviation or waive any requirement of this section whenever
there is good cause and it is determined that to do so furthers the
intent and purpose of this section facilitates the orderly and efficient
deployment of small cell facilities and equipment within the Township
and it appears that the best interest of the Township and the public
is served in doing so.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Required Coverage and Limits. Each carrier constructing a facility
in the public rights-of-way shall secure and maintain commercial general
liability insurance with limits not less than $2,000,000 for injury
or death on one or more persons in any one occurrence and $2,000,000
for damage or destruction in any one occurrence insuring the carrier
as named insured and listing the Township as an additional insured
on the policies.
b.
Copies Required. The carrier shall provide copy of certificates of
insurance reflecting the requirements of this section to the Township
within 10 days following zoning approval and prior to obtaining a
construction permit pursuant to this section.
c.
Self-Insurance. A carrier may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection a of this section. A carrier that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insured under Subsection a or the requirements of Subsection b of this section. A carrier that elects to self-insure shall provide to the Township evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit required under Subsection a of this section. Proof of such financial ability to self-insure shall be provided to the Township within 10 days following the effective date of the master license agreement and prior to obtaining a permit pursuant to this section.
d.
Effect of Insurance and Self-Insurance on Carrier's Liability.
The legal liability of the carrier to the Township and any person
for any of the matters that are the subject of the insurance policies
or self-insurance required by this section shall not be limited by
such insurance policies or self-insurance or by the recovery of any
amounts thereunder; however, neither the Township nor the carrier
shall be liable to the other for consequential, incidental, exemplary
or punitive damages on account of any activity pursuant to this section.
[Added 7-26-2021 by Ord.
No. 2021-5]
Prior to constructing a facility in the public rights-of-way,
and as a precondition to the issuance of a permit pursuant to this
section, the carrier shall execute the master license agreement, agreeing,
among other things:
a.
To indemnify and hold harmless the Township against any claim of
liability or loss from personal injury or property damage resulting
from or arising out of the negligence or willful misconduct of the
carrier, its employees, contractors or agents, except to the extent
such claims or damage may be due to or caused by the negligence or
willful misconduct of the Township or its employees, contractors or
agents.
b.
The Township will provide the carrier with prompt, written notice
of any claim covered by this indemnification; provided that any failure
of the Township to provide any such notice, or to provide it promptly,
shall not relieve the carrier from its indemnification obligation
in respect of such claim, except to the extent the carrier can establish
actual prejudice and direct damages as a result thereof.
c.
The Township shall cooperate with the carrier in connection with
the carrier's defense of such claim. The carrier shall defend
the Township, at the Township's request, against any claim with
counsel of the Township's choosing that is reasonably satisfactory
to the carrier.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Right to revoke permit.
1.
The Zoning Officer may revoke or suspend a permit issued pursuant
to this section for one or more of the following reasons:
(a)
Materially false or incomplete statements in the permit application;
(b)
Noncompliance with one or more provisions this section for which
a deviation has not been allowed;
(c)
The permittee's facilities within the public rights-of-way
presents a direct or imminent threat to the public health, safety,
or welfare;
(d)
Permittee's failure to construct the facilities substantially
in accordance with the permit and approved plans; or
(e)
Violation of the terms and conditions of the master license
agreement.
2.
Before taking any such action, the Zoning Officer shall first consult
with the Township's telecommunications Consultant and the Township
Administration and Township Solicitor.
b.
Notice of revocation or suspension. The Zoning Officer shall send
written notice of its intent to revoke or suspend a permit issued
pursuant to this section stating the reason or reasons for the revocation
or suspension and the alternatives available to permittee under this
section.
c.
Permittee alternatives upon receipt of notice of revocation or suspension.
Upon receipt of a written notice of revocation or suspension from
the Zoning Officer, the permittee shall have the following options:
1.
Immediately provide the Township with evidence that no cause exists
for the revocation or suspension;
2.
Immediately correct, to the satisfaction of the Zoning Officer, the
deficiencies stated in the written notice, providing written proof
of such correction to the Zoning Officer within 10 business days after
the receipt of the written notice of revocation; or
3.
Within 10 business days remove the facilities located within the
public rights-of-way and restore the public rights-of-way to the satisfaction
of the Zoning Officer providing written proof of such removal to the
Zoning Officer within 10 business days after receipt of the written
notice of revocation. The Zoning Officer may, in their discretion,
extend the time periods provided in this subsection. To be effective,
extensions must be in writing.
[Added 7-26-2021 by Ord.
No. 2021-5]
Notification of change. A carrier shall notify the Township
no less than 30 days following the transfer of ownership of any facility
in the public rights-of-way or change in identity of the carrier.
The rights and obligations given to the carrier pursuant to the Master
License and zoning permit shall be binding on and benefit the new
owner of the carrier or the facility, its successors and assigns,
who shall have all the obligations and privileges enjoyed by the former
owner under the master license agreement, zoning permit, and all applicable
laws, ordinances, rules and regulations, including this section, with
respect to the work and facilities in the public rights-of-way.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Warning signs, protective devices, and flaggers. The carrier is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary for protection of the public and the carrier's
workers when performing work on the public rights-of-way. The carrier
and its contractor(s) and subcontractors shall comply with the provisions
of the Manual of Uniform Traffic Control Devices to the extent applicable
and necessary. As determined by the Cherry Hill Police Department,
police secondary employment may be required to assist with traffic
control.
b.
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
c.
Compliance. The carrier shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the carrier's attention by the Zoning Officer, Township Engineer,
Fire Department, or Police Department, Department of Public Works
and Utilities or Code Enforcement.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
Notice.
1.
Within 30 days following written notice from the Township, any carrier
with facilities in the public rights-of-way shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any facilities whenever the Township determines that:
(a)
Such removal, relocation, change or alteration is reasonably
necessary for the construction, repair, maintenance, or installation
of any Township improvement in or upon the public rights-of-way; or
(b)
The equipment is interfering with or adversely affecting proper
operation of the light or other poles;
(c)
The widening of the public rights-of-way.
2.
In such instance, the Township shall cooperate with carrier to find
a replacement location for the facility that will provide similar
radio frequency coverage to the facility removed or relocated.
b.
Removal of unauthorized facilities. Within 30 days following written
notice from the Zoning Officer to any carrier that owns, controls,
or maintains any unauthorized facility or related appurtenances within
any public rights-of-way shall, at its own expense, remove all or
any part of such facilities or appurtenances. A facility is unauthorized
and subject to removal, but not limited to, in the following circumstances:
1.
Upon expiration or termination of the permittee's license, unless
otherwise permitted by applicable law;
2.
If the facility was constructed without the prior grant of a zoning
permit;
3.
If the facility was constructed without prior issuance of a required
construction permit;
4.
If the facility was constructed at a location not permitted by the
permittee's permit; or
5.
Upon abandonment of the facility. Abandonment will be presumed where
a facility has not been used for the purpose for which it was installed
for a period of 90 consecutive days, or more, and where there have
been no efforts to repair or renew the use during the ninety-day period.
The carrier owning, controlling or maintaining the facility shall
have the burden of establishing to the Zoning Officer that the facility
is still being used within 30 days of the notice. All notices described
herein shall be in writing and sent by recognized national overnight
courier (e.g., U.S. Postal, Federal Express or UPS) for which proof
of delivery is supplied. Failure to respond to the Zoning Officer's
request for information regarding the abandonment of the facility
shall constitute a presumption of abandonment. Upon the Zoning Officer's
determination and final written notification to the carrier of such
abandonment the carrier shall have 60 days within which to:
c.
If the entity believes that the determination of abandonment by the Zoning Officer is incorrect, it may file a written appeal with the Site Committee as provided in § 20-8.19 hereof within 45 days of the Zoning Officer's determination. If the entity fails to prevail on appeal, or fails to reactivate, or transfer to another active user or remove the service facility the Township shall have the right to have the facilities removed at the carrier's sole expense. The Township shall be entitled to reimbursement for all costs and expenses associated with the removal of any facility thereafter.
[Added 7-26-2021 by Ord.
No. 2021-5]
Upon completion of all construction or maintenance of facilities,
the carrier shall remove all debris and restore the right-of-way to
a clean and safe condition in a timely manner and to the satisfaction
of the Zoning Officer and the Director of the Department of Public
Works.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
General. Facilities within public rights-of-way shall be maintained
by or for the carrier at the carrier's sole expense. Carrier
shall not damage the public right-of-way and shall keep the public
right-of-way free of all debris. If any portion of the public right-of-way
suffers damage by reason of access by carrier, then in that event,
carrier, at its sole cost and expense, shall immediately repair all
such damage or replace the damaged portion of the public right-of-way
and restore the damaged portion of the property to its condition prior
to the occurrence of such damage.
b.
Emergency maintenance procedures. The noncompliance with normal procedures
for securing a required permit shall be excused when a carrier reasonably
determines that an emergency exists.
1.
If an emergency creates a hazard on the traveled portion of the public
rights-of-way, the carrier shall take immediate steps to provide all
necessary protection for traffic on the roadway including the use
of signs, lights, barricades or flaggers.
2.
In an emergency, the carrier shall, as soon as practical, notify
the Township's Zoning Officer or his or her duly authorized agent
and the Township of Cherry Hill Police Department of the emergency,
informing him or her as to what steps have been taken for protection
of the traveling public and what will be required to make the necessary
repairs. On nights and weekends, the carrier shall notify the Township
of Cherry Hill Police Department of an emergency. If the nature of
the emergency is such as to interfere with the free movement of traffic,
the Township of Cherry Hill Police Department shall be notified immediately.
To the extent that the Township of Cherry Hill has actual knowledge
of the displacement or damage to any facility, it shall inform carrier
upon learning of the same.
[Added 7-26-2021 by Ord.
No. 2021-5]
a.
There is hereby created under this chapter and section a group to
be known as the Site Committee consisting of not less than three nor
more than five members consisting of the following:
b.
The function of the Site Committee shall be as follows:
1.
Review and approve an inventory of all existing wood poles in the
Township submitted by a carrier for the installation of a wireless
facility as defined herein;
2.
Review and approve the type and location of any new or replacement
pole prior to the issuance of a zoning permit and construction permit
under this section.
3.
Initially hear and decide any appeal of any determination by any
Administrative Officer such as the Business Administrator, Zoning
Officer, or Construction Official except that any appealable issue
arising under the New Jersey Uniform Construction Code (UCC) shall
be heard by the Camden County Board of Construction Appeals and not
by the Site Committee.
4.
The Committee may, in its discretion, consult with any Township consultant
regarding the issues under consideration including, but not limited
to, the Township telecommunications Consultant, Engineer, Solicitor
or any Township Board or Commission.
c.
Procedure:
1.
Appeals to the Site Committee shall proceed informally. Generally,
an appeal shall be filed within 30 days of the decision being appealed
and shall be in writing specifying the reason and grounds for the
appeal.
2.
A hearing on the appeal shall be scheduled not sooner than 20 nor
later than 30 business days from the date of filing.
3.
A decision shall be rendered, in writing, within 15 business days
following the hearing.
4.
Following the exhaustion of such administrative remedies, any aggrieved
person or entity may pursue a further appeal to a Court of competent
jurisdiction subject to the rules of such Court.
[Added 7-26-2021 by Ord.
No. 2021-5]
Nothing in this section shall be construed as limiting any additional
or further remedies that the Township may have for enforcement of
this section or the right of a carrier to appeal any decision to the
state courts of New Jersey or the United States District Court for
the District of New Jersey.
