City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange2-24-2020 by Ord. No. 5-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CABINET
A small box-like or rectangular structure used to facilitate utility or wireless service from within the municipal right-of-way.
CO-LOCATED SMALL CELL INSTALLATION
A single telecommunication tower, pole, mast, cable, wire or other structure supporting multiple antennas, dishes, transmitters, repeaters, or similar devices owned or used by more than one public or private entity.
ELECTRIC DISTRIBUTION SYSTEM
The part of the electric system, after the transmission system, that is dedicated to delivering electric energy to the end user.
EXEMPTED TELECOMMUNICATIONS FACILITY
Includes, but is not limited to, the following unless located within a recognized Historic District:
A. 
A single ground or building mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located, with an antenna height not exceeding 25 feet;
B. 
A ground- or building-mounted citizens' band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet;
C. 
A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed 35 feet;
D. 
A ground- or building-mounted receive-only radio or television satellite dish antenna, which does not exceed 36 inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel:
E. 
Mobile services providing public information coverage of news events of a temporary nature.
F. 
Hand-held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar personal-use devices.
G. 
Government-owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.
H. 
City-owned and -operated antennas used for emergency response services, public utilities, operations and maintenance if the height does not exceed 70 feet.
I. 
Telecommunication facilities less than 50 feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the Town and utilized for public and/or quasipublic uses where it is found by the Town Board to be compatible with the existing uses of the property and serving the public interest.
J. 
Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures.
EXISTING POLE
A pole that is in lawful existence within the municipal right-of-way.
GROUND-LEVEL CABINET
A cabinet that is not attached to an existing pole and touching the ground.
MAJOR TELECOMMUNICATIONS FACILITY
Telecommunication towers, poles or similar structures greater than 50 feet in height, including accessory equipment such as transmitters, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, as well as support structures, equipment buildings and parking areas. "Public right-of-way" means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this chapter shall include public utility easements, but only to the extent the City has the authority to permit use of the area for this purpose. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the City.
MUNICIPAL RIGHT-OF-WAY
The surface of, and the space above or below, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive and the like, held by the City as an easement or in fee simple ownership. The term also includes any other area that is determined by the City to be a right-of-way in which the City may allow the installation of poles, cabinets and antennas, as well as rights-of-way held by the County of Essex where the City approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
POLE
A long, slender, rounded supported structure constructed of wood or metal located in the municipal right-of-way.
POLE-MOUNTED ANTENNA
A device that is attached to a pole and used to transmit radio or microwave singles and shall include, but not be limited to, small cell equipment and transmission media such a femtocell, picocell, microcells and outside distributed antenna systems.
POLE-MOUNTED CABINET
A cabinet that is proposed to be place on an existing or proposed pole.
PROPOSED POLE
A pole that is proposed to be placed in the municipal right-of-way.
RIGHT-OF-WAY AGREEMENT
An agreement that sets forth the terms and conditions for the use of the municipal right-of-way and includes but is not limited to municipal franchise agreements.
RIGHT-OF-WAY PERMIT
An approval from the City's governing body setting forth the applicant's compliance with the requirements of this chapter.
SMALL CELL INSTALLATION
All equipment required for the operation and maintenance of so-called "small cell" wireless communications systems that transmit and/or receive signals but are not "major telecommunications facilities," including antennas, microwave dishes, power supplies, transformers, electronics, and other types of equipment required for the transmission or receipt of such signals.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way which are located within 500 feet of the proposed pole.
UTILITY SERVICE
Electric, telephone or cable service.
A. 
General.
(1) 
No small cell installation shall be constructed, erected, modified, mounted, attached, operated or, maintained within the right-of-way within the City without the issuance of a permit by the governing body of the City of East Orange which may only be issued after the City and applicant enter into a right-of-way agreement that complies with the requirements of this chapter. Governing body approval shall also be required when one seeks to convert or modify an existing telecommunications facility into a small cell installation.
(2) 
No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right of way of the City for the delivery of telecommunications services or any other purpose.
B. 
Procedure to file application.
(1) 
Prior to filing a formal application, applicants shall schedule a meeting with the City's Director of Public Works or her designee to review the scope of the applicant's proposal. The City Engineer or her designee shall schedule the initial review meeting within 14 days of the written request for same. If the City neglects to schedule the meeting, the applicant is free to proceed to the next stage of the process.
(2) 
An applicant is free to submit her application, along with the required deposit, following the conclusion of the initial meeting with the City's Director of Public Works. The application shall be filed with the Department of Public Works.
C. 
Application content. At a minimum all applications shall include:
(1) 
Detailed site and engineering plans for each proposed small cell installation, including all associated equipment necessary for its operation;
(2) 
A master plan which shall reference all existing small cell installations in the applicant's City of East Orange inventory, any such facilities in the abutting towns which provide service to areas within the City of East Orange, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities;
(3) 
Photographs of proposed facility equipment;
(4) 
A visual impact analyses with photo simulations;
(5) 
Certification by a certified radio-frequency engineer that the small cell installation will be in compliance with the FCC standards for RF emissions as they relate to the general public, including aggregate emissions for all co-located equipment;
(6) 
Certification that the applicant has a right under state law to install wireless telecommunication facilities in the public right-of-way;
(7) 
Documentation that owners of all properties within 200 feet of the proposed small cell installations have been notified in writing via certified mail of the proposed installation, including its exact location;
(8) 
A site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
(a) 
How the proposed location of the small cell installation relates to the objective of providing full wireless communication services within the City of East Orange at the time full service is provided by the applicant throughout the City of East Orange.
(b) 
How the proposed location of the proposed small cell installation relates to the location of any existing facilities within and near the City of East Orange.
(c) 
How the proposed location of the proposed small cell installation relates to the anticipated need for additional antennas within and near the City of East Orange.
(d) 
How the plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the City of East Orange.
(9) 
An executed indemnification agreement that complies with the contents of this chapter.
(10) 
A proposed right-of-way agreement that complies with the contents of this chapter.
D. 
Fees.
(1) 
The City shall assess a per-installation deposit fee of $10,000 to cover the City's costs of processing, reviewing, evaluating, conducting a public hearing and other activities involved in consideration of the application and conducting oversight of the construction of the small cell installation to ensure compliance with the City's laws. The City shall also reserve the right to retain independent technical consultants to review and assess all applications. All internal city activities will be billed at a rate of $50 per hour. Independent technical consultants shall bill at a rate of $125 per hour. Monthly invoices will be generated detailing the amount of funds that have been drawn from the deposit over the preceding month. If and when the $10,000 fund is depleted, the applicant shall submit an additional $10,000. After installation is complete, any deposit funds that remain shall be returned to the applicant.
(2) 
In addition to the foregoing, as fair and reasonable compensation applicants shall pay the City of East Orange $270 per year for each small cell installation located with the City's right of way.
E. 
Bond requirement.
(1) 
Compliance bond. Upon approval of the application, the applicant shall be required to post a compliance bond in the amount of $50,000 for each small cell installation, such bond to be held and maintained during the entire period of permittee's operation of each small cell installation in the City as a guarantee that no such installation, including any co-located equipment, exceeds or will exceed the allowable FCC limits for RF radiation exposure to the general public as determined by a qualified independent RF engineer.
F. 
Indemnification.
(1) 
The applicant shall execute an indemnification agreement provided by the City as part of the application process. At a minimum, the applicant will agree to defend, hold harmless and fully indemnify the City, its officers, employees, agents, attorneys and volunteers from (i) any claim, action or proceeding brought against the City or its officers, employees, agents or attorneys to attack, set aside, void or annul any approvals given by the City; (ii) from any claims or suits stemming from injuries that are alleged to be caused by the telecommunications equipment installed by the applicant; (iii) from any legal actions brought against the City wherein it is alleged that there has been a reduction or diminution in the value of their property that they attribute to.
A. 
Each year, commencing on the anniversary of the issuance of the permit, the applicant shall submit to the City an affidavit which shall list all active small cell wireless installations it owns within the City certifying (1) that each small cell installation is covered by liability insurance of the amount of $1,000,000 per installation and that each policy names the City of East Orange as an additional insured; and (2) each active installation has been inspected for safety and found to be in sound working condition an in compliance with all federal safety regulations concerning radio frequency radiation exposure ("RF exposure").
B. 
The City reserves the right to employ a qualified independent expert to conduct random unannounced tests of the permittee's small cell wireless installations located within the City to certify compliance with all applicable FCC radio-frequency emission limits as they pertain to exposure to the general public. Independent experts will be compensated at a rate of $125 per hour in connection with the foregoing tests. Permits shall remit payment within 30 days of being invoiced. Failure to make payment will result in the imposition of a municipal lien on the block and lot where the subject equipment is located. The lien will accrue interest at the rate of 8% for the first $1,500 and 18% for any amounts over $1,500.
C. 
If independent tests reveal that any small cell installation or installations owned or operated by permittee and/or its lessees, singularly or in the aggregate, is emitting RF radiation in excess of FCC exposure guidelines (at present the guidelines limit exposure to 580 microwatts per square centimeter) as they pertain to the general public, the City shall notify the permittee and all residents living within 1,500 feet of small cell installation(s) of the violation and the permittee shall have 48 hours to bring the small cell installation into compliance. Failure to reduce RF radiation to legally permissible levels will result in the forfeiture of the compliance bond and the City shall then have the right to demand the removal of all of the permittee's small cell installations within the City.
D. 
All small cell wireless installations shall be removed within 30 days of being taken out of use. Failure to remove these installations will result in the imposition of a payment of $100 for each day the installations are not removed. Failure to make payment will result in the imposition of a municipal lien on the block and lot where the subject equipment is located. The lien will accrue interest at the rate of 8% for the first $1,500 and 18% for any amounts over $1,500.
E. 
Failure to submit a timely annual report will result in the imposition of a payment of $100 payment for each day the report is not provided. Failure to make payment will result in the imposition of a municipal lien on the equipment. The lien will accrue interest at the rate of 8% for the first $1,500 and 18% for any amounts over $1,500.
F. 
Non-permitted installations, which includes any small cell installations constructed, erected, modified or enhanced prior to the issuance of a site-specific permit from the City, shall be removed prior to the submission of any other application. No applications for small cell installations shall be considered and no so called "shot clock" for approval shall commence while such unauthorized installations remain.
A. 
Notwithstanding any franchise or right of way agreement to the contrary, all small cell installations proposed to be placed in the right-of-way shall comply with the design requirements detailed in this chapter.
B. 
Pole siting standards.
(1) 
Height. No proposed pole shall be taller than 35 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher.
(2) 
Distance from curbline. No proposed pole shall be farther than 18 inches from the curbline.
(3) 
Location, safety and aesthetics.
(a) 
No proposed pole shall be erected in the right-of-way unless it:
[1] 
Is replacing an existing pole; or
[2] 
Is approved pursuant to a land development application by either the Zoning Board of Adjustment or Planning Board pursuant to a land use application; or
[3] 
Is located on the opposite side of the street from the electric distribution system; and
[4] 
For sites in the residential zones is a minimum of 200 linear feet from any other existing pole or proposed pole along the same side of the street, or for sites in the nonresidential zones is a minimum of 100 linear feet from any other existing pole or proposed pole along the same side of the street; and
[5] 
Is not located in an area with underground utilities; and
[6] 
Does not inhibit any existing sight triangles or sight distances; and
[7] 
Allows adequate room for the public to pass and re-pass across, along and through the right-of-way; and
[8] 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.
(b) 
Ground-level cabinet siting standards.
[1] 
Ground-level cabinets are prohibited in the municipal right-of-way in the residential zones and any future residential zones.
[2] 
Ground-level cabinets are permitted in the nonresidential zones provided that such ground-level cabinet:
[a] 
Is less than 28 cubic feet in volume; and
[b] 
Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
[c] 
Does not inhibit any existing sight triangles or sight distance; and
[d] 
Allows adequate room for the public to pass and repass across, along and through the municipal right-of-way.
(c) 
Pole-mounted antenna and pole-mounted cabinet siting standards.
[1] 
Pole-mounted antennas are permitted on existing poles, provided that each pole-mounted antenna:
[a] 
Does not exceed three cubic feet in volume; and
[b] 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
[c] 
Does not inhibit any sight triangles or sight distance; and
[d] 
Allows adequate room for the public to pass and repass across, along and through the municipal right-of-way.
[2] 
Pole-mounted cabinets are permitted on existing poles in all residential zones and nonresidential zones provided that each pole-mounted cabinet:
[a] 
Does not exceed 16 cubic feet; and
[b] 
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
[c] 
Does not inhibit any sight triangles or sight distance; and
[d] 
Allows adequate room for the public to pass and repass across the municipal right-of-way.