Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 64-82. See also Chapter 7, Section 7-6A for Construction on Streets and Highways.
[Ord. No. 317-02 § 1]
It shall be unlawful for any person, firm, association, corporation or other legal entity to open, tear up, dig into, break up, excavate, tunnel under or in any disturb the surface of any public street or road owned, maintained or under the jurisdiction of the Borough of West Cape May without first obtaining a permit from the Borough Clerk.
Every application for a permit pursuant to subsection 17.1-1 shall be in writing, set forth by the applicant, and set forthwith the following:
a. 
The name and address of the applicant;
b. 
The name and address of the party for whom the work is being done;
c. 
The name and address of the contractor performing the work, with proof of current Borough of West Cape May Contractor License;
d. 
The purpose for which the opening or excavation is made;
e. 
The location of the opening and type of road surface to be opened;
f. 
The length, width and depth of the proposed opening;
g. 
The estimated day of commencement and estimated date of completion of the proposed work;
h. 
Certificate of Insurance pursuant to subsection 4-3.8.
[Ord. No. 317-02 § 3]
All permits shall expire and become void 30 days from the date of issue unless renewed in writing by the Borough Clerk, provided however, that the Borough shall not relinquish any rights of action the Borough may have against the applicant by reason of the granting of the extension.
[Ord. No. 317-02 § 4]
A nonrefundable fee of $25 shall be paid to the Borough Clerk at the time of application.
[Ord. No. 317-02 § 5]
A deposit of $400 shall be paid to the Borough Clerk at the time of application for all excavation of less than or equal to six square yards. If said area to be opened, disturbed, or undermined exceeds six square yards, the additional yardage shall be classified as "excess yardage" and an additional deposit shall be paid by the applicant for all yardage in excess of six square yards at a rate of $20 per square yard. The area to be opened, disturbed or undermined shall be measured and determined by the Borough Engineer.
Additional engineer fees accrued as a result of review or inspections are the applicant's responsibility. Any unused deposit will be returned upon final inspection and applicant's written request.
[Ord. No. 317-02 § 6; Ord. No. 458-10]
Prior to issuing any permit for any work in a public street, certain performance and maintenance guarantees must be posted with the City Clerk.
a. 
Performance Guarantee.
1. 
The performance guarantee shall be in the form of a certified check drawn in favor of the Borough of West Cape May for 100% of the total estimated construction costs. The estimated construction costs of the proposed work shall be based upon current market values, and said estimate shall be prepared by the applicant and submitted to the Borough Engineer, who shall determine the guarantee amount. A corporate guaranty bond or surety bond issued by a company authorized to do business in the State of New Jersey in a form satisfactory to the Borough Solicitor, may be substituted for a certified check, if the full amount of the total estimated construction costs exceeds $20,000. Said corporate guaranty bond or surety bond shall remain in effect until such time as all work has been inspected and accepted by the Director of Public Works and this requirement must be stated on the bond.
2. 
In lieu of the above mentioned performance guarantee, applicants may post an annual performance guarantee of $50,000. The form of surety shall be approved by the Borough Solicitor.
b. 
Maintenance Guarantee.
1. 
In addition to the posting of a performance guarantee, and as a condition to the release of same, the Borough of West Cape May may, at its discretion, require the applicant to post a maintenance guarantee in the form of a certified check drawn in favor of the Borough of West Cape May, in the penal sum of 15% of the performance guarantee.
2. 
Applicants posting and continually maintaining a performance guarantee in accordance with paragraph a,2 above will not be required to post a separate maintenance guarantee.
c. 
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one year following completion of construction. The purpose of posting the sureties above is to guarantee to the Borough that any construction, excavation or road opening will be performed and completed in an acceptable fashion consistent with the provisions of this section. In the event that the Borough determines that the excavation, construction or restoration and refilling has not been performed consistent with the requirements of this section, the Borough shall be entitled, after reasonable notice to the applicant, to correct such deficiencies, to take the performance and/or maintenance guarantees or cash posted by the applicant and utilize them to correct any deficiencies, and have the area restored to its proper condition.
d. 
Return of Performance and Maintenance Guarantees.
1. 
When the work is complete, the Borough Engineer shall examine it, either approve or disapprove it, and notify the Borough Clerk. Upon acceptance by the Borough of the work for which the performance guarantee was posted, the Clerk shall notify the West Cape May Chief Financial Officer that the unused portion of the performance guarantee may be returned to the applicant at which time the Chief Financial Officer will return the unused portion of the performance guarantee to the applicant. If less than the full amount of the performance guarantee is being returned to the applicant, the Chief Financial Officer shall provide the applicant with an itemization of the authorized charges which were made against the performance guarantee as such charges were authorized by the Department of Public Works.
2. 
Upon expiration of the period of one year next following completion of construction, the Clerk shall notify the Chief Financial Officer that the unused portion of the maintenance guarantee may be returned to the applicant at which time the Chief Financial Officer will return the unused portion of the maintenance guarantee to the applicant. If less that the full amount of the maintenance guarantee is being returned to the applicant, the Chief Financial Officer shall provide the applicant with an itemization of the charges which were made against the maintenance guarantee as such charges were authorized by the Department of Public Works.
[Ord. No. 317-02 § 7]
a. 
The Borough Clerk, upon receipt of the completed application and the fees referred to herein above, shall forward said application to the Borough Engineer for his examination and review.
b. 
The Borough Engineer shall examine said application and authorize or deny issuance of permit.
c. 
The Borough Engineer shall specify on authorized permits, that the permit is good for a 30 day period from the date of issuance. He shall further specify on the permit that such work shall be completed and restored within 48 hours after work has commenced or within a duration of time which, in his opinion, is reasonable and fair. The applicant shall notify the Borough Engineer 24 hours before the commencement of any work so that appropriate inspection can be made where required.
d. 
The Borough Clerk, upon receipt of authorized permit from the Borough Engineer, will issue said permit to the applicant.
[Ord. No. 317-02 § 8]
Every permit shall apply only to the person to whom it was issued and shall not be transferable.
[Ord. No. 317-02 § 9]
Every applicant under any permit issued pursuant to this section shall fully comply with the following rules and regulations.
a. 
Protection of traffic must be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways.
b. 
The application to whom such a permit is issued shall, within the stated time limited in such permit, replace the earth and pavement in the excavation in such a manner that the same shall be left in as good condition as it was before the excavation was commenced. Except as otherwise stated herein, all street work performed shall be in accordance with the applicable provisions of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction including all amendments. Reference to articles or sections hereinafter refer to said State highway specifications.
c. 
Trenches shall be backfilled in layers and a vibratory tamper must be used. Ninety-five percent compaction shall be required. Puddling of backfill is strictly prohibited. Should there be a deficiency, additional backfill material shall be supplied by the permittee. Whenever the Borough Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
d. 
Street Restoration Specifications.
1. 
Gravel.
(a) 
Gravel shall be installed six (6") inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the NJDOT requirements for I-5 materials. The Borough Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the costs of said analysis borne by the application.
2. 
Temporary Restoration.
(a) 
Less than 100 square feet.
(1) 
For openings in asphalt roadways that are less than 100 square feet, the temporary restoration will consist of the installation of six (6") inches of soil aggregate, Type I-5, to a level of six (6") inches below the level of adjacent paved surfaces. A four (4") inch lift of stabilized hot mix asphalt intermediate course, Mix I-2, followed by a two (2") inch lift of bituminous concrete cold patch installed to grade.
(2) 
These temporary surfaces shall be in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the Borough Engineer shall determined when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the Borough Engineer until such time as the final restoration is complete.
(b) 
Greater than 100 square feet.
(1) 
For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six (6") inches of soil aggregate, Type I-5, to a level of six (6") inches below the level of the adjacent paved surface. A six (6") inch lift of hot mix asphalt intermediate course, Mix I-2, shall then be installed to grade.
(2) 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the Borough Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the Borough Engineer until such time as the final restoration is completed.
3. 
Final Restoration.
(a) 
Less than 100 square feet.
(1) 
For openings less than 100 square feet, the final restoration will involve the removal of the top two (2") inches of bituminous concrete cold patch. All edges shall be saw cut six (6") inches beyond the actual trench width disturbed to produce a clean edge and said edges shall be prepared with an asphaltic tack coat. A two (2") inch lift of hot mix asphalt surface course, Mix I-5, shall then be placed to a level even with the existing road grade.
(b) 
Greater than 100 square feet.
(1) 
For openings greater than 100 square feet, the trenches shall be milled to a depth of two (2") inches to a distance of at least twelve (12") inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two (2") inch lift of hot mix asphalt surface course, Mix I-5, being placed to a level even with the existing road grade.
4. 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the Borough Engineer.
e. 
If more than three individual excavations would be required within a fifty (50') foot length, a single trench must be used rather than the individual excavations. Final restoration will require a minimum of 1/2 width of the cartway. The trench shall be milled to a depth of two (2") inches to a distance of at least twelve (12") inches beyond the actual trench limit from the centerline of the cartway to the curbline. (See detail at end of chapter.) All edges shall be coated with an asphaltic tack coat prior to two (2") inch lit of hot mix concrete course, Mix I-5, being placed to a level even with the existing road grade.
f. 
By the acceptance of such a permit, the applicant shall be deemed to have agreed to comply with the terms hereof, and upon his failure to do so to pay on demand any cost of expense that the Borough may incur, including, but not limited to engineering fees, attorney fees, and costs, by reason of any shrinkage or settlement in the excavated area resulting from such excavation if such shrinkage or settlement shall occur within 12 months from the time the surface thereof is restored.
g. 
All work shall be conducted so as not to interfere with existing utilities, water mains, sewer, gas, electrical or telephone conduits, or the surface connections thereof; or so as to damage any existing trees or roots thereof until or unless permission of the appropriate authority has been obtained by the applicant.
h. 
No blasting of any kind shall be allowed unless approved by the Borough Engineer or his designee. All blasting shall be done in strict compliance with all applicable State and local laws and regulations.
i. 
No excavation of any street or road shall be started on Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, except in the case of emergency or where the applicant has received permission from the Borough Engineer or his designee.
j. 
All work shall be done in a workmanlike manner and as expeditiously as possible and in such a manner as to cause the least possible public inconvenience, and the applicant shall notify all neighboring property owners if the work will in any way affect such neighbors' property.
k. 
Upon completion of all work the applicant shall forthwith remove all debris, equipment and materials and shall thoroughly restore the premises of the excavation to a clear condition. At all times, the applicant shall comply with the requirements of the Borough Engineer or his representative.
[Ord. No. 317-02 § 10]
a. 
In addition to any other remedies available to it, the Borough, through the Borough Engineer or his designee, may revoke a permit for any of the following reasons:
1. 
Violation of any provisions of this section or other applicable laws.
2. 
Carrying on the work under the permit in a manner which endangers life or property, or in which creates any condition which is unhealthy, unsanitary, or constitutes a nuisance.
b. 
No permit shall be revoked until the person to whom it has been issued has been afforded notice and opportunity to be heard. When any permit is revoked, the Borough Engineer or his designee may reinstate same by certifying to the Borough Clerk that the conditions that caused the revocation have been corrected.
[Ord. No. 317-02 § 11; Ord. No. 531-2017]
No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, provided that all property owners affected by such repaving or reconstruction have received advance notice from the party responsible for the work as to the proposed repaving or reconstruction. Such notice shall be in writing and sent by certified mail to all property owners of record at least 30 days in advance of the start of the repaving or reconstruction. The provisions of this section shall not apply to the issuance of a street opening permit in the case of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from the last day of the month in which said road construction, reconstruction or overlay was completed, as established by the Borough Engineer, and run five years thereafter.
a. 
Emergency Opening. In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, said emergency opening shall be reviewed by the Borough Engineer and if the said Engineer shall determine that no such emergency existed, then the entity so opening the street and/or roadway shall have a fine imposed upon such entity in the amount of $1,000 for the first nonemergency opening, a five thousand ($5,000.00) dollar fine for a second nonemergency opening, and a ten thousand ($10,000.00) dollar fine for a third nonemergency opening.
b. 
Hardship Condition. In the event in which the property owner has a hardship condition which requires a street opening permit to be issued contrary to this subsection, the Borough of West Cape May may grant relief upon the following:
1. 
Recommendation of the Borough Engineer, and
2. 
Majority vote of the West Cape May Board of Commissioners.
c. 
Roadway Restoration.
1. 
In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the Borough within the previous five years, a full width restoration will be required. The restoration will consist of six (6") inch dense graded aggregate base course, and a six (6") inch hot mix asphalt base course, Mix I-2, brought to existing grade, within the excavated area. A full width curb to curb, milling two (2") inches in depth to extend twenty (20') feet beyond the limit of excavations will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the Borough Engineer. The final surface course shall be a two (2") inch hot mix asphalt surface course, Mix I-5. See detail at end of chapter.
2. 
Trench restoration may be permitted under special circumstances and at the option of the Borough of West Cape May and the Borough Engineer for openings having a minimum impact on the longevity and serviceability of the street in question. See detail at end of chapter.[1]
[1]
Editor's Note: The detail referred to herein may be found on file in the office of the Township Clerk.
[Ord. No. 412-08 § 1]
Beginning the Friday before Memorial Day and ending the day after Labor Day of each year, any and all street openings within the Borough shall be prohibited and no permit for a street opening shall be issued during this period of time. In the event of an emergency, or a danger to person or property, as determined by the Borough, a street opening permit may be issued during the restricted time period.
[Ord. No. 317-02 § 12; Ord. No. 412-08 § 2]
Street openings and excavations performed by the Borough of West Cape May or agents of the Borough of West Cape May are exempt from the provisions of this section.
[Ord. No. 317-02 § 13; Ord. No. 412-08 § 2]
Any person, firm, or corporation violating any provisions of this section shall, upon conviction thereof before the Judge of the Borough of West Cape May Court, be subject to a fine not exceeding $1,250 or to imprisonment in the County jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in the newly paved streets section (subsection 17-1.11) of the Borough Code.
[Ord. No. 370-06 § 1]
a. 
On or along any public street, avenue, alley and lane in the Borough, any curbs and sidewalks shall be constructed, repaired, altered, re-laid and/or maintained at the cost and expense of the abutting property owner, except as hereinafter set forth.
b. 
Sidewalk construction, alteration, maintenance or repair may be paid for from governmental funds rather than at the cost of the abutting property owner if the sidewalk is located in an area of the Borough that is designated and approved for a rehabilitation project funded by outside governmental agencies. The project must involve construction, alteration, maintenance, re-laying and/or repair of all surface improvements in one or more contiguous Borough blocks. Such a construction, alteration, maintenance, re-laying and/or repair project shall be funded so that it does not involve any direct cost to municipal taxpayers as a general municipal improvement. The Borough Engineer must designate the project as required in connection with securing uniformity of appearance, ease of construction and related considerations involving the satisfactory completion of such a rehabilitation project.
[Ord. No. 370-06 § 2; Ord. No. 453-10 § 1]
a. 
Whenever any curb or sidewalk in the Borough requires reconstruction, repairs, alterations or maintenance, the owner of the abutting land or his contractor shall apply for a construction permit. The application shall specify the grade, dimensions, mix, materials and the method of construction or repair to be used. The Zoning Official shall examine the specifications and determine whether the application is approved or disapproved. Upon approval a permit shall be issued. All work shall be done in strict compliance with such specifications, failing which; appropriate action shall be taken by the Borough.
b. 
Where the existing sidewalk is made of a material other than concrete, such material shall be maintained and utilized where possible. If replacement is necessary, the existing material shall be replaced with a like kind material.
[Ord. No. 370-06 § 3; Ord. No. 453-10 § 2]
a. 
No person shall construct any sidewalk where one does not already exist in the Borough without first obtaining approval from the Board of Commissioners, or alternatively, from the Borough Planning/Zoning Board as part of an approved site plan or subdivision.
b. 
If such approval is granted, the resident shall seek all necessary approvals and permits from the Borough Zoning Official.
[Ord. No. 370-06 § 4]
a. 
Whenever the Board of Commissioners of the Borough of West Cape May determines that it is necessary to construct, repair, alter, re-lay or maintain a sidewalk or curb it shall introduce and pass a resolution designating the specific improvements to be undertaken by the owner of the abutting property.
b. 
Once the resolution has been adopted by the Board of Commissioners, the Borough Clerk shall cause written notice to be served upon the owners or occupants of the lands. This notice shall require the owner or occupant to complete the specified work within a period of not less than 30 days from the date of service of the notice. If the work is not complete within 30 days, the Board of Commissioners shall cause the required work to be done and assess costs and expenses upon the lands affected in the manner set forth in subsection 17-2.5 of this section.
c. 
The notice shall contain a description of the property affected sufficient to identify it, a description of the improvement to be completed and a statement that the work shall be done at the cost and expense of the owner.
d. 
The description of the work to be done shall be sufficient to apprise the owner of the nature and quality of the work expected, but need not contain detailed plans.
e. 
Notice may be served upon an owner residing in the Borough, personally or by leaving the same at his usual place of residence with a member of his family above the age of 14 years. If the owner is not a resident of the Borough, notice may be served personally, upon his agent in charge of the property or upon the occupant of the property. If the lands are unoccupied and the owner is a nonresident who cannot be located in the Borough, service of notice shall be mailed to the last known post-office address.
f. 
If the owner is unknown or service cannot be made as described herein, then the notice shall be published for four weeks, once a week in a newspaper circulated within the Borough. The first publication date shall be not less than 30 days before the improvement is undertaken by the Borough. Notice to the owner or owners of several distinct parcels of real estate may be inserted in the same publication.
g. 
If the condition of a sidewalk or curb is hazardous to public safety, then, the Board of Commissioners, at its discretion, it may order the hazard to be abated immediately.
[Ord. No. 370-06 § 5]
a. 
If the owners or occupants of the lands affected do not comply with the requirements of a notice to repair, the Board of Commissioners shall cause the required work to be completed.
b. 
An accurate accounting of the costs of the improvement shall be maintained by the department undertaking the improvement.
c. 
If the costs of the improvement are to be assessed upon several properties abutting the area of improvement the costs shall be proportioned in respect to the frontage of each property. The head of the department undertaking the improvements shall, under oath, file a report with the Borough Clerk indicating with specificity the amount of monies expended.
d. 
The Board of Commissioners shall examine that report and if satisfied, confirm and file it with the Tax Collector, who shall record the amount as a sidewalk assessment.
e. 
Before confirming the report, the Board of Commissioners shall notify the property owners, in a manner consistent with this section, of the time and place fixed for examination of the report. Failure to prove adequate notice shall not invalidate the proceedings.
f. 
The Board of Commissioners shall file proof of service of notice with the Tax Collector within 10 days of service. Failure to file proof of service shall not invalidate the proceedings if proper service has been made.
g. 
Upon the filing of a certificate with the Collector of Taxes, the costs shall become a lien upon the abutting lands to the extent that the assessments for local improvements are liens. It shall bear interest from the date certification is made to the Collector of Taxes at the same rate as assessments for local improvements in the Borough.
h. 
The cost of improvement, when it becomes a lien, shall be collected in the manner provided by law for the collection of other assessments or liens. In addition the Borough may, at its option, maintain an action against the owner of the lands to recover the amount in any court having competent jurisdiction. All money recovered or paid to the Borough under the provisions of this section shall be credited to the account from which the money was taken to pay for the work.
[Ord. No. 370-06 § 6]
No assessment shall be invalid by reason of error in the notice or omission of the name of any owner or owners of real estate assessed or for any other information where the real estate has been actually improved.
[Ord. No. 370-06 § 7]
The Board of Commissioners may, in each year, include in its budget or annual tax ordinance an appropriation for curb or sidewalk repairs, in addition to any existing general public works maintenance fund, out of which appropriation the cost of construction or repair of curbs and sidewalks during the year may be charged when it becomes necessary for the Board of Commissioners to make repairs or construction.
[Ord. No. 563-2019]
ANTICIPATED MUNICIPAL EXPENSES
Shall mean the cost of processing an application for a Zoning Permit concerning poles, cabinets, and/or antennas, including but not limited to professional fees such as engineer or attorney costs to the Borough.
CABINET
Shall mean a small box-like or rectangular structure used to facilitate utility or wireless service from within the municipal right-of-way.
ELECTRIC DISTRIBUTION SYSTEM
Shall mean the part of the electric system after the transmission system that is dedicated to delivering electric energy to an end user.
EXISTING POLE
Shall mean a pole that is in lawful existence within the municipal right-of-way.
GROUND LEVEL CABINETS
Shall mean a cabinet that is not attached to an existing pole and is touching the ground.
MUNICIPAL RIGHT-OF-WAY
Shall mean the surface of, and the space above or below, any public street, road, lane, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough as an easement or in fee simple ownership. The term also includes rights-of-way held by the County of Cape May where the Borough's approval is required for the use of the same pursuant to N.J.S.A. 27:16-6.
POLE
Shall mean a long, slender, rounded piece of wood or metal.
POLE MOUNTED ANTENNA or ANTENNA
Shall mean 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.
POLE MOUNTED CABINET
Shall mean a cabinet that is proposed to be placed on an existing or proposed pole.
PERMIT
Pursuant to this section shall mean an approval from the Borough setting forth applicant's compliance with the requirements of this Chapter.
RIGHT OF WAY AGREEMENT
Shall mean 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.
SMALL WIRELESS FACILITIES
Shall mean any wireless equipment or structure that is no more than twenty-eight cubic feet in volume, with an antenna that is no more than three cubic feet in volume, and does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards prescribed by the FCC.
[Ord. No. 563-2019]
No pole, antenna, or cabinet shall be installed within the Municipal Right-of-Way without first filing an application and obtaining a Zoning Permit.
[Ord. No. 563-2019]
a. 
Name, address, telephone number, and email of the applicant, contact person for the applicant and any professional consultants advising the applicant;
b. 
Brief description of the proposed work and compliance with the applicable sections of the Code;
c. 
A plan with specification of the work proposed, including information regarding location, components, types, quantities, color, and any such additional information as may be reasonably required by the Zoning Officer in order to determine compliance with the Code;
d. 
Any request for a deviation from one or more provisions of the Code;
e. 
Applications for a proposed pole must include a stamped survey prepared by a New Jersey licensed surveyor demonstrating that any proposed pole is located within the municipal right-of-way. Any such application which does not include such a survey shall immediately be deemed incomplete.
[Ord. No. 563-2019]
a. 
Every permit application pursuant to this section must include a permit fee in the following amounts:
1. 
One to five sites: $500.00
2. 
Each additional site: $100.00
b. 
Deposit toward anticipated Municipal Expenses
1. 
In addition to the application fee, the applicant shall post a two thousand dollar ($2,000.00) escrow deposit toward anticipated municipal expenses related to an application made pursuant to this Chapter. The Borough Engineer may, in his or her own discretion, adjust the amount of escrow required.
2. 
If the deposit contains insufficient funds to enable the Borough to perform its review, the Borough shall provide notice of the insufficient balance. In order to continue review, the applicant shall within 10 days post a deposit to the account in an amount to be mutually agreed upon.
3. 
After a final decision has been made regarding the application, the applicant may request a refund of any unused balance from the deposit toward anticipated municipal expenses.
[Ord. No. 563-2019]
a. 
All applications made under this section shall be expedited so as to comply with the "shot clocks" set forth in the FCC Order titled "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. As of the 2018 FCC Report and Order, the Borough has (1) 60 days for review and action on applications for collocation of small wireless facilities; and (2) 90 days for review and action on applications for attachment of small wireless facilities on new structures.
b. 
Proposed Poles and Ground Level Cabinets. The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3) review applications for the placement of proposed poles and/or ground level cabinets within the municipal right-of-way and advise the Borough Commissioners of its recommendation to approve or disapprove the same. Any recommended denial shall be accompanied by a factual basis for such denial made in writing.
c. 
Pole Mounted Antenna, Cabinet, or Small Wireless Facilities. The Borough Engineer shall review the application to place pole mounted antenna, pole mounted cabinets, or pole mounted small wireless facilities within the municipal right-of-way and advise the Borough Commission of his or her recommendation to approve or disapprove the same. Any recommended denial shall be accompanied by a factual basis for such denial made in writing.
d. 
The Borough will notify the applicant within 30 days that the application is incomplete. After the applicant makes a supplemental filing, the local government then has an additional 10 days to notify the applicant that the application remains incomplete.
e. 
The Borough Commission may waive any siting standard set forth herein where the applicant demonstrates strict compliance will (i) prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. 253(a); or (ii) prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or (iii) violated any requirement set forth by the FCC orders referenced herein.
f. 
The Borough Commissioners will grant or deny any application made under this section by Resolution setting forth the factual basis thereof.
[Ord. No. 563-2019]
a. 
Poles.
1. 
Height. No pole shall be taller than 35 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher.
2. 
No pole shall be farther than eighteen (18'') inches from the curb line.
3. 
No pole shall be erected in the right-of-way unless it is:
(a) 
Replacing an existing pole; or
(b) 
Approved pursuant to a land development application by the Planning Board; or
(c) 
Located on the opposite side of the street from the Electric Distribution System; and, is 200 linear feet from any other existing pole or proposed pole along the same side of the street, and, not located in an area of underground utilities, and does not inhibit existing site triangles, and allows adequate room for the public to pass.
4. 
All poles shall 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 and the streetscape.
b. 
Pole Mounted Antennas and Pole Mounted Cabinets.
1. 
No pole mounted antenna may exceed three cubic feet in volume;
2. 
No pole mounted cabinet may exceed 16 cubic feet;
3. 
Does not inhibit existing site triangles, and allows adequate room for the public to pass;
4. 
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 the streetscape, or otherwise camouflaged in conformance with the best available stealth technology methods.
5. 
The Borough may also require that an applicant provide a certification from a licensed engineer attesting to the structural integrity of any pole mounted antenna or pole mounted cabinet.
[Ord. No. 563-2019]
Any approval received pursuant to this Chapter does not relieve the applicant from receiving consent of the owner of the land above which the applicant's facility may be located. The applicant must comply with any other applicable ordinances or State and Federal laws.