[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:
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:
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;
amended 9-9-2020 by Ord. No. 587-20; 11-23-2022 by Ord. No. 616-22]
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 (1) 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.
c.
On, along or encroaching on any right-of-way, public street, avenue,
alley or lane in the Borough, the cost of all tree care services for
trees located in the right-of-way shall be borne by the abutting property
owner, except as hereinafter set forth. This obligation shall include
the area extending from the abutting property into and including the
right-of-way.
d.
All tree care services including tree pruning, repairing, brush cutting or removal, tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing, lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree management during site planning and development, tree assessment and risk management, and application of pesticides or any other form of tree maintenance shall be conducted by a person or entity licensed pursuant to N.J.S.A. 45:15C-11 et seq., unless exempt pursuant to N.J.S.A. 45:15C-31 and Subsection 30-1.4 of the Borough Code.
f.
The definition of "municipal right-of-way" pursuant to Subsection 17-3.1 shall be applied to this section.
g.
To ensure safe passage for pedestrians and vehicles, all portions
of trees must hang no lower than eight feet above sidewalks, and no
lower than 14 feet above residential streets and state and county
roads, in accordance with state Department of Transportation Standards.
h.
Should any tree interfere with utility wires or sight triangles,
the Director of Public Works, other government agencies, or utility
company shall have the authority to trim or otherwise alleviate the
interference.
[Ord. No. 370-06 § 2; Ord. No. 453-10 § 1; amended 9-9-2020 by Ord. No. 587-20]
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.
c.
Whenever any tree located in the right-of-way requires removal, a permit shall be required pursuant to Chapter 30 of the Borough Code. No person shall remove or destroy any tree without first obtaining a tree removal permit from the Borough. In the case of an emergency where, for example, trees are blown over, damaged beyond repair, or in such a condition that risks damage to person or property, a tree may be removed immediately at the determination of the Director of Public Works or the City Engineer or their designee.
[Amended 11-24-2021 by Ord. No. 606-21; 11-23-2022 by Ord. No. 616-22]
[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;
amended 9-9-2020 by Ord. No. 587-20; 11-23-2022 by Ord. No. 616-22]
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 or perform tree care services, it shall
introduce and pass a resolution designating the specific improvements
or services 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, curb, or tree is hazardous to public
safety, then the Board of Commissioners, at its discretion, may order
the hazard to be abated immediately.
h.
Removal. If the owner fails to remove the tree or shrub or portion
thereof within two weeks after service of written notice to do so,
the work shall be performed by the City under the supervision of the
Public Works Superintendent, who shall certify the cost thereof to
the Borough.
[Ord. No. 370-06 § 5;
amended 9-9-2020 by Ord. No. 587-20]
a.
If the owners or occupants of the lands affected do not comply with
the requirements of a notice to repair or to perform tree care services,
the Board of Commissioners shall cause the required work to be completed.
[Amended 11-23-2022 by Ord. No. 616-22]
b.
An accurate accounting of the costs of the improvement shall be maintained
by the department undertaking the improvement.
[Amended 11-23-2022 by Ord. No. 616-22]
c.
If the cost of the improvement is to be assessed upon several properties
abutting the area of improvement, the costs shall be allocated in
proportion 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 money
expended.
[Amended 11-23-2022 by Ord. No. 616-22]
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 property assessment to be paid by the owners or occupants of
the lands affected.
[Amended 11-23-2022 by Ord. No. 616-22]
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]
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.
Shall mean a small box-like or rectangular structure used
to facilitate utility or wireless service from within the municipal
right-of-way.
Shall mean the part of the electric system after the transmission
system that is dedicated to delivering electric energy to an end user.
Shall mean a pole that is in lawful existence within the
municipal right-of-way.
Shall mean a cabinet that is not attached to an existing
pole and is touching the ground.
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.
Shall mean a long, slender, rounded piece of wood or metal.
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.
Shall mean a cabinet that is proposed to be placed on an
existing or proposed pole.
Pursuant to this section shall mean an approval from the
Borough setting forth applicant's compliance with the requirements
of this Chapter.
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.
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]
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.
