[Added 7-14-2021 by Ord. No. 17-21]
A.
Purpose and intent. The purpose of this section is to establish guidelines
for the siting of wireless telecommunications towers and antennas
and ancillary facilities. The goals of this section are to protect
residential areas and land uses from potential adverse impacts of
towers and antennas; encourage the location of towers on City-owned
property where appropriate or in other nonresidential areas; minimize
the total number of towers throughout the community; strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; encourage
the use of existing buildings, telecommunications towers, light or
utility poles or water towers as opposed to construction of new telecommunications
towers; encourage users of towers and antennas to locate them, to
the extent possible, in areas where the adverse impact on the community
is minimal; ensure that all telecommunications facilities, including
towers, antennas and ancillary facilities, are located and designed
to minimize the visual impact on the immediate surroundings and throughout
the community by encouraging users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques; enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively and efficiently; consider the public health and
safety of telecommunications towers; and avoid potential damage to
adjacent properties from tower failure through engineering and careful
siting of tower structures. In furtherance of these purposes, the
City of Long Branch shall give due consideration to the City of Long
Branch's Master Plan, Zoning Map, existing land uses and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B.
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
CO-LOCATION
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MOUNT
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following items shall have
the meanings indicated:
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communications service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
The emissions from personal wireless service facilities or
any electromagnetic energy within the frequency range from 0.003 megahertz
(MHz) to 300,000 MHz.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not transmission towers.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
C.
Site design standards. The proposed telecommunications device/array
is only to be installed upon an existing tower or building (the construction
of any new towers or poles is prohibited) following site design standards
that shall apply to wireless telecommunications facilities:
(1)
Aesthetics. Antennas shall meet the following requirements:
(a)
Antennas shall either maintain a galvanized steel finish or,
subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(b)
At an antenna site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural setting
and surrounding buildings.
(2)
Lighting. No lighting is permitted except as follows, which
shall be subject to review and approval by the Planning Board as part
of the site plan application:
(a)
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light
is turned on only when workers are at the building.
(b)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
(3)
Signs. No signs are permitted except those required by the Federal
Communications Commission, the Electronic Industries Association (EIA)
and/or the Telecommunications Industry Association (TIA) or by law,
such as warning and equipment information signs.
(4)
Antennas mounted on existing structures or rooftops.
(a)
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure, provided that:
[1]
Side- and roof-mounted personal wireless service facilities
or facade-mounted antennas on existing structures shall not project
more than 10 feet above the height of an existing building or structure
nor project more than 10 feet above the height limit of the zoning
district within which the facility is located. Personal wireless service
facilities may locate on a building or structure that is legally nonconforming
with respect to height, provided that the facilities do not project
above the existing building or structure height.
[2]
The antenna complies with all applicable FCC and FAA regulations.
[3]
The antenna complies with all applicable building codes.
[4]
The equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 48 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure. If the equipment
structure is located on the roof of a building, the area of the equipment
structure and other equipment and structures shall not occupy more
than 10% of the roof area. Equipment storage buildings, structures
or cabinets shall comply with all applicable building codes.
[5]
The minimum height of the proposed antenna shall be 40 feet,
and the maximum height of the proposed antenna shall be the minimum
height necessary for the proposed installation to satisfactorily operate.
The maximum height of any proposed rooftop antenna and/or equipment
cabinet(s) shall not exceed the height of the tallest accessory rooftop
structure such as a stair or elevator housing, provided that no equipment
cabinet shall be located on the rooftop of any building less than
60 feet in height. In no event shall any rooftop installation extend
more than eight feet above the roof slab. For a proposed wireless
telecommunications tower, maximum height shall not exceed 100 feet.
[6]
For location on an existing building or structure, microcell
antenna(s) shall be surface mounted on the building facade so as to
blend with the architectural features of the building. Antennas placed
on a rooftop shall be set back as far as possible from the edge of
the roof and clustered to the greatest extent possible around existing
rooftop appurtenances.
[7]
The height of rooftop equipment facilities shall not exceed
the height of the tallest accessory rooftop structure such as a stair
or elevator housing, and shall be fully enclosed by stealth screening
in a color which will match those of the existing rooftop accessory
structures as closely as possible, such that the total of all rooftop
appurtenances, including the subject equipment, does not exceed 30%
of the roof area.
(5)
Aesthetics. If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(a)
Antennas on existing towers. An antenna may be attached to a
preexisting tower in a nonresidential zone and, to minimize adverse
visual impacts associated with the proliferation and clustering of
towers, co-location of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such co-location is accomplished in a manner consistent with
the following:
[1]
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless reconstruction as a monopole is proposed.
[2]
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this section.
D.
Co-location.
(1)
The City of Long Branch mandates that licensed carriers share
personal wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of personal wireless service
facilities that are stand-alone facilities. Co-location shall be required
for no less than three carriers, and a letter of intent by the applicant
to meet the co-location requirement shall be provided with their application.
All applicants for site plan approval for a personal wireless service
facility shall demonstrate a good faith effort to collocate with other
carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites
for co-locating personal wireless service facilities.
(b)
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the county.
(c)
Sharing information necessary to determine if co-location is
feasible under the design configuration most accommodating to co-location.
(d)
A copy of a proposed lease or affidavit of compliance with this
section.
(2)
In the event that co-location is found to be not technically
feasible, a written statement of the reasons for the infeasibility
shall be submitted to the City. The City may retain a technical expert
in the field of RF engineering to verify if co-location at the site
is not feasible or is feasible given the design configuration most
accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The City may deny approval
to an applicant that has not demonstrated a good faith effort to provide
for co-location.
(3)
If the applicant does intend to collocate or to permit co-location,
plans and elevations which show the ultimate appearance and operation
of the personal wireless service facility at full build-out shall
be submitted.
E.
Site plan submission requirements. In addition to the site plan submission requirements of § 345-14 and other applicable sections of Chapter 345, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1)
Comprehensive service plan. In order to provide proper evidence
that any proposed location of wireless telecommunications antennas
(and any supporting tower and/or ancillary building enclosing related
electronic equipment) has been planned to result in the fewest number
of towers within the City of Long Branch at the time full service
is provided by the applicant throughout the City, the applicant shall
submit a comprehensive service plan. Said comprehensive service plan
shall indicate how the applicant proposes to provide full service
throughout the City and, to the greatest extent possible, said service
plan shall also indicate how the applicant's plan is coordinated with
the needs of all other providers of telecommunications services within
the City of Long Branch. The comprehensive service plan shall indicate
the following:
(a)
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the City of Long Branch.
(b)
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the City of Long Branch.
(c)
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the City of Long Branch by both the applicant and by other providers
of telecommunications services within the City of Long Branch.
(d)
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
tower.
(e)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunications services within the
City of Long Branch while, at the same time, limiting the number of
towers to the fewest possible.
(2)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this section.
(3)
Legal description of the entire tract and leased parcel (if
applicable).
(4)
The setback distance between the proposed tower and the nearest
residential unit and residentially zoned properties.
(5)
The separation distance from other towers and antennas.
(6)
A landscape plan showing specific landscape materials, including
but not limited to species type, size, spacing and existing vegetation
to be removed or retained.
(7)
Method of fencing and finished color and, if applicable, the
method of camouflage.
(8)
A description of compliance with all applicable federal, state
or local laws.
(9)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(10)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the City.
(11)
A letter of commitment to lease excess space to other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
(12)
A visual impact study containing, at a minimum, a photographic
simulation showing the appearance of the proposed tower, antennas
and ancillary facilities from at least five points within a three-mile
radius. Such points shall be chosen by the carrier with review and
approval by the Planning Board Planning Consultant to ensure that
various potential views are represented.
(13)
An analysis of the RFR levels at the facility as a means of
assessing compliance with the FCC RF safety criteria. This analysis
shall:
(a)
Take into consideration all co-located radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
(b)
Be performed by an RF engineer, health physicist or similar
knowledgeable individual.
(c)
Follow current methods recommended by the FCC for performing
such analyses.
F.
Monitoring and maintenance.
(1)
After the wireless telecommunications facility is operational,
the applicant shall submit, within 90 days of beginning operations,
and at annual intervals from the date of issuance of the building
permit, existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by an RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards section of
this bylaw.
(2)
The applicant and coapplicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include
but shall not be limited to painting, structural integrity of the
mount and security barrier and maintenance of the buffer areas and
landscaping.
G.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the City Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, at the option of
the City, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the City shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the personal wireless
service facility in the event that the City must remove the facility.
H.
The fee for antennas/telecommunications towers shall be $100 per review plus escrow pursuant to § 345-133G(3).
A.
AFFILIATE
CITY
CITY COUNCIL
CITY PROPERTY
CO-LOCATION
EXCESS CAPACITY
EXISTING POLE
OTHER WAYS
OVERHEAD FACILITIES
PERSON
POLE
PROPOSED POLE
PUBLIC STREET
PUBLIC WAY
SMALL WIRELESS FACILITIES
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
STATE
SURPLUS SPACE
TELECOMMUNICATIONS CARRIER
TELECOMMUNICATIONS FACILITIES
TELECOMMUNICATIONS PROVIDER
TELECOMMUNICATIONS SERVICE
TREE
UNDERGROUND FACILITIES
USABLE SPACE
UTILITY EASEMENT
UTILITY FACILITIES
Definitions. For the purpose of this section, and the interpretation
and enforcement thereof, the following words and phrases shall have
the following meanings, unless the context of the sentence in which
they are used shall indicate otherwise:
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
The City of Long Branch.
The governing body of the City of Long Branch.
Includes all real property owned by the City, other than
"public streets" and "utility easements" as those terms are defined
herein, and all property held in a proprietary capacity by the City,
which are not subject to the right-of-way licensing as provided in
this chapter.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
A pole that is in lawful existence within the public right-of-way.
The highways, streets, alleys, utility easements or other
rights-of-way within the City but under the jurisdiction and control
of a governmental entity other than the City.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
A long, slender, rounded support structure constructed of
wood or metal located in the public right-of-way.
A pole that is proposed to be placed in the public right-of-way.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the City
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the City, but
only to the extent of the City's right, title, interest or authority
to grant a license to occupy and use such streets and easements for
telecommunications facilities.
Consistent with 47 CFR 1.6002(1), facilities that meet the
following conditions:
The facilities:
Are mounted on structures 30 feet or less in height, including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 30 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The State of New Jersey.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the Board of Public Utilities, to allow
its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages a plant, equipment, or property within the City,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment and property, including, but not limited
to, cables, wires, conduits, ducts, pedestals, antennas, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications services
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale or lease, or an
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
Any perennial plant having a diameter of four inches or greater
measured at a point four feet above the ground.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundation or supports
for overhead facilities.
The total distance between the top of the utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders and regulations of the
Board of Public Utilities (BPU).
Any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the public ways of the City and used or to be used for the
purpose of providing utility or telecommunications services.
B.
Telecommunications license required. Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the City for the sole purpose of providing telecommunications service to persons in areas outside the City shall first obtain a license granting the use of such public ways from the City pursuant to this chapter. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the City must also obtain a license granting the use of such public ways from the City; such applicants must submit the application information set forth in § 345-133F, and consideration and approval of such applications shall be at the sole discretion of the City Director of Planning subject to the review and recommendation by the City Engineer and the City Attorney.
C.
Violations and penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be punishable as provided in Chapter 1, § 1-16A, Maximum penalties. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
D.
Other remedies. Nothing in this chapter shall be construed as limiting
any judicial remedies that the City may have, at law or in equity,
for enforcement of this chapter.
E.
Agreement. No license granted hereunder shall be effective until
the applicant and the City have executed a written agreement setting
forth the particular terms and provisions under which the license
to occupy and use public ways of the City will be granted.
F.
Small wireless facilities license application information. Any person
that desires a telecommunications license for a small wireless facility
pursuant to this chapter shall file an application with the City which
shall include the following information:
(1)
The identity of the license applicant, including all affiliates
of the applicant.
(2)
A description of the telecommunications services that are or
will be offered or provided by the licensee over its telecommunications
facilities.
(3)
A description of the transmission medium that will be used by
the licensee to offer or provide such telecommunications services.
(4)
Preliminary engineering plans, specifications and a comprehensive
pole master plan map of the facilities to be located within the City,
all in sufficient detail to identify:
(a)
The location requested for the applicant's proposed small wireless
facilities.
(b)
A description of the type and height of the structure on which
the small wireless facilities are being mounted, and a description
of the proximity of the equipment to any other equipment on the same
structure.
(c)
The size and weight of the proposed equipment.
(d)
A description of any proposed lighting and, if any, proposed
focusing/shielding to avoid projection towards adjacent/nearby properties.
(e)
A description of the noise output of the proposed small wireless
facility in decibels.
(f)
A description of any proposed excavation.
(g)
Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b) and pursuant to § 345-132G(1) of the Code of the City of Long Branch.
(h)
The location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities
in the public way at the proposed site.
(i)
The location(s), if any, for interconnection with the telecommunications
facilities of other communications carriers.
(j)
The specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or permanently
remove or relocate, together with a landscape plan for protecting,
trimming, removing, replacing and restoring any trees or areas to
be disturbed during construction.
(5)
If the applicant is proposing an underground installation in
existing ducts or conduits within the public ways, information in
sufficient detail to identify:
(6)
If the applicant is proposing an underground installation within
new ducts or conduits to be constructed within the public ways:
(7)
Identification of the type of pole being used. The City of Long
Branch mandates that applicants first look to collocate on existing
poles in the right-of-way. Co-location on existing poles in the public
right-of-way shall be given preference to proposed new pole locations.
Whenever possible, applicants should look to collocate with other
carriers on existing poles. The application for a proposed new pole
location shall be denied if suitable existing poles are available
in the requested area, pursuant to the discretion of the Director
of Planning. If the applicant is requesting the installation of a
proposed pole and the request is granted, the applicant must be willing
to allow other carriers to collocate on the pole. The City standard
pole must be used for all new pole installations. The City standard
pole shall be selected by the City Engineer.
(8)
If the applicant is proposing construction of facilities above
ground, but below a height of 15 feet, the applicant shall submit
a survey with a minimum fifty-foot radius that is adequate to demonstrate
no negative impacts to sight distance or sight triangle. Such survey
shall be submitted in NAVD88 datum.
(9)
The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public
ways.
(10)
A preliminary construction schedule and completion date.
(11)
A preliminary traffic control plan in accordance with the New
Jersey Department of Transportation regulations.
(12)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability
to construct, operate, maintain, relocate and remove the facilities.
(13)
Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
(14)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the facilities and to offer or provide the telecommunications services.
(15)
All fees, deposits or charges required pursuant to this chapter.
G.
Small wireless facilities fees, and escrows.
(1)
Applicants seeking to install up to five small wireless facilities
shall pay an initial application fee of $500. An additional $100 shall
be required for each small wireless facility beyond five.
(2)
An annual fee of $275 per small wireless facility per year for
access to and inspection of such facilities shall be required.
(3)
Pursuant to N.J.S.A. 54:30A-124, the City shall recover reasonable
professional fees for actual services incurred in the review of applications
under this chapter. The applicant shall make a deposit in an escrow
account for professional fees in the amount of $2,000. If said escrow
account contains insufficient funds to enable the City to perform
its review, the Chief Financial Officer shall provide the applicant
a notice of insufficient balance. In order for review to continue,
the applicant shall, within 15 days, post a deposit to the account
in an amount to be mutually agreed upon.
H.
Review of small wireless facilities applications. Applicants seeking
to install small wireless facilities within the City, including within
the public right-of-way, shall submit an application to the City.
Small wireless facilities applications shall be reviewed by the City
pursuant to the following:
(1)
The City Director of Planning shall review applications to co-locate
small wireless facilities on existing structures within 60 days of
receipt of the application, and applications for new construction
of small wireless facilities within 90 days. Batch applications seeking
both to collocate and to construct new small wireless facilities shall
be reviewed within 90 days.
(2)
The time period for review shall be tolled during any period
in which the applicant is notified that it has not submitted a complete
application.
I.
Nonexclusive grant. No license granted under this chapter shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public ways of the City for delivery of telecommunications
services or any other purposes.
J.
Rights granted. No license granted under this chapter shall convey
any right, title or interest in the public ways, but shall be deemed
a license only to use and occupy the public ways for the limited purposes
and term stated in the grant. Further, no license shall be construed
as any warranty of title.
K.
Term of grant. Unless otherwise specified in a license agreement,
a telecommunications license granted hereunder shall be in effect
for a term of five years.
L.
License route. A small wireless facilities license granted under
this chapter shall be limited to a grant of specific public ways and
defined portions thereof.
M.
Construction permits. All licensees are required to obtain construction
permits as required by applicable law for small wireless facilities;
provided, however, that nothing in this chapter shall prohibit the
City and a licensee from agreeing to alternative plan review, permit
and construction procedures, provided such alternative procedures
provided substantially equivalent safeguards for reasonable construction
practices and are not in derogation of any applicable provisions of
the Uniform Construction Code.
N.
Amendment of grant.
(1)
A new license application and grant shall be required of any
telecommunications carrier that desires to extend or locate its small
wireless facilities in public ways of the City which are not included
in a license previously granted under this chapter.
(2)
If ordered by the City to locate or relocate its small wireless
facilities in public ways not included in a previously granted license,
the City shall grant a license amendment without further application.
O.
Renewal applications. A licensee that desires to renew its license
under this chapter shall, not more than 180 days nor less than 90
days before expiration of the current license, file an application
with the City for renewal of its license which shall include the following
information:
P.
Renewal determinations. Within 90 days after receiving a complete application under § 345-133F hereof, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
(1)
The financial and technical ability of the applicant.
(2)
The legal ability of the applicant.
(3)
The continuing capacity of the public ways to accommodate the
applicant's existing facilities.
(4)
The applicant's compliance with the requirements of this chapter
and the license agreement.
(5)
Applicable federal, state and local telecommunications laws,
rules and policies.
(6)
Such other factors as may demonstrate that the continued grant
to use the public ways will serve the community interest.
Q.
Obligation to cure as a condition of renewal. No license shall be
renewed until any ongoing violations or defaults in the licensee's
performance of the license agreement, or of the requirements of this
chapter, have been cured, or a plan detailing the corrective action
to be taken by the grantee has been approved by the City.
R.
Regulatory fees and compensation not a tax. The regulatory fees and
costs provided for in this chapter are separate from, and additional
to, any and all federal, state, local and City taxes as may be levied,
imposed or due from a telecommunications carrier or provider, its
customers or subscribers, or on account of the lease, sale, delivery
or transmission of telecommunications services.
S.
Small wireless facilities standards. Small wireless facilities shall
be co-located on existing structures whenever possible and to the
extent feasible. Co-location of small wireless facilities is preferred
to construction of new structures intended to solely support a small
wireless facility, unless the new structure is designed to conceal
the small wireless facility.
(2)
No new small wireless facilities shall be located within five
feet of a private driveway or in a manner that would otherwise obstruct
visibility from a private driveway to the public right-of-way.
(3)
Any required accessory equipment, not including the antenna,
shall be located underground to the extent possible. Accessory equipment
that cannot be located underground must be located on the structure.
No accessory equipment may be located on the ground adjacent to the
structure. Antennas and associated equipment for small wireless facilities
located in a flood zone shall be mounted on the supporting structure
at or above the FEMA base flood elevation plus any federal, state
or local freeboard requirement or shall be located in a floodproof
underground cabinet.
(4)
Any disturbance to the public right-of-way as a result of the
construction of the small wireless facilities shall be restored to
its original condition post construction to the satisfaction of the
City Engineer
T.
Compliance with other regulations. All license or franchise grantees
shall, before commencing any construction in the public ways, comply
with all regulations of the BPU and of the applicable state, federal
and local regulations.
U.
Interference with public ways prohibited. No licensee may locate
or maintain its telecommunications facilities so as to unreasonably
interfere with the use of the public ways by the City, by the general
public or by other persons authorized to use or be present in or upon
the public ways. All such facilities shall be moved by the licensee,
temporarily or permanently, as determined by the City Engineer.
V.
Damage to property. No licensee nor any person acting on a licensee's
behalf shall take any action or permit any action to be done which
may impair or damage any City property, public ways of the City, other
ways or other property located in, on or adjacent thereto.
W.
Notice of works. Unless otherwise provided in a license agreement,
no licensee nor any person acting on the licensee's behalf shall commence
any nonemergency work in or about the public ways of the City or other
ways within 10 working days' advance notice to the City.
X.
Repair and emergency work. In the event of an unexpected repair or
emergency, a licensee may commence such repair and emergency response
work as required under the circumstances, provided that the licensee
shall notify the City as promptly as possible, before such repair
or emergency work or as soon thereafter as possible if advance notice
is not practicable.
Y.
Maintenance of facilities. Each licensee shall maintain its facilities
in good and safe condition and in a manner that complies with all
applicable federal, state and local requirements.
Z.
Relocation or removal of facilities. Within 30 days following written
notice from the City, a licensee shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways whenever the
City shall have determined that such removal, relocation, change or
alteration is reasonably necessary for:
AA.
Removal of unauthorized facilities. Within 30 days following written
notice from the City, any licensee, telecommunications carrier, or
other person that owns, controls or maintains any unauthorized telecommunications
system, facility or related appurtenances within the public ways of
the City shall, at its own expense, remove such facilities or appurtenances
from the public ways of the City. A telecommunications system or facility
is unauthorized and subject to removal in the following circumstances:
(1)
Upon expiration or termination of the licensee's telecommunications
license.
(2)
Upon abandonment of a facility within the public ways of the
City.
(3)
If the system or facility was constructed or installed without
the prior grant of a telecommunications license.
(4)
If the system or facility was constructed or installed without
the prior issuance of a required construction permit.
(5)
If the system or facility was constructed or installed at a
location not permitted by the licensee's telecommunications license.
BB.
Emergency removal or relocation of facilities. The City retains the
right and privilege to cut or move any telecommunications facilities
located within the public ways of the City, as the City may determine
to be necessary, appropriate or useful in response to any public health
or safety emergency.
CC.
Damage to licensee's facilities. Unless directly and proximately
caused by the willful, intentional or malicious acts by the City,
the City shall not be liable for any damage to or loss of any telecommunications
facility within the public ways of the City as a result of or in connection
with any public works, public improvements, construction, excavation,
grading, filling, or work of any kind in the public ways by or on
behalf of the City.
DD.
Restoration of public ways, other ways and City property.
(1)
When a licensee or any person acting on its behalf does any
work in or affecting any public ways, other ways or City property,
it shall, at its own expense, promptly remove any obstructions therefrom
and restore such ways or property to as good a condition as existed
before the work was undertaken, unless otherwise directed by the City.
(2)
If weather or other conditions do not permit the complete restoration
required by this section, the licensee shall temporarily restore the
affected ways or property. Such temporary restoration shall be at
the licensee's sole expense, and the licensee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
(3)
A licensee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and as required by the Traffic Control Plan, § 345-133UU of this chapter.
(4)
All trees, landscaping and grounds removed, damaged or disturbed
as a result of the construction, installation, maintenance, repair
or replacement of telecommunications facilities shall be replaced
or restored as nearly as may be practicable, to its condition existing
prior to the start or construction or performance of work. All restoration
work within the public ways shall be done in accordance with landscape
plans approved by the City Engineer and as required by this chapter.
EE.
Facilities maps. Each licensee shall provide the City with an accurate
map or maps certifying the location of all telecommunications facilities
within the public ways. In addition, the licensee shall provide a
computer-aided design and drafting file containing the facilities'
mapping in the GIS file format (.dwg and .pdf). Each licensee shall
provide updated maps annually.
FF.
Duty to provide information. Within 10 days of a written request
from the City, each licensee shall furnish the City with information
sufficient to demonstrate:
GG.
Licensee insurance.
(1)
Unless otherwise provided in a license agreement, each licensee
shall, as a condition of the license, secure and maintain the following
liability insurance policies insuring both the licensee and the City,
and its elected and appointed officers, officials, agents and employees
as coinsureds.
(2)
Automobile liability for owned, nonowned and hired vehicles
with a limit of $3,000,000 for each person and $3,000,000 for each
accident.
(3)
Workers' compensation within statutory limits and employer's
liability insurance with limits of not less than $1,000,000.
(4)
Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than $3,000,000.
(5)
The liability insurance policies required by this section shall
be maintained by the licensee throughout the term of the telecommunications
license, and such other period of time during which the licensee is
operating without a license hereunder, or is engaged in the removal
of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement: "It is hereby understood and agreed
that this policy may not be canceled nor the intention not to renew
be stated until 90 days after receipt by the City, by registered or
certified mail, of a written notice, addressed to the City Clerk,
of such intent to cancel or not to renew."
(6)
Within 60 days after receipt by the City of said notice, and
in no event later than 30 days prior to said cancellation, the licensee
shall obtain and furnish to the City replacement insurance policies
meeting the requirements of this section.
HH.
General indemnification. Each license agreement shall include, to
the extent permitted by law, the licensee's express undertaking to
defend, indemnify and hold the City and its officers, employees, agents
and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorneys' fees and costs
of suit or defense, arising out of, resulting from or alleged to arise
out of or result from the negligent, careless or wrongful acts, omissions,
failures to act or misconduct of the licensee or its affiliates, officers,
employees, agents, contractors or subcontracts in the construction,
operation, maintenance, repair or removal of its telecommunications
facilities, and in providing or offering telecommunications services
over the facilities or network, whether such acts or omissions are
authorized, allowed or prohibited by this chapter or by a grant agreement
made or entered into pursuant to this chapter.
II.
Construction and completion bond. Unless otherwise provided in a
license agreement, a performance bond written by a corporate surety
acceptable to the City equal to at least 100% of the estimated cost
of constructing the licensee's telecommunications facilities within
the public ways of the City shall be deposited before construction
is commenced.
(1)
The construction bond shall remain in force until released by
the City. The licensee may apply, in writing, for such release upon
the lapse of at least 60 days after substantial completion of the
work, as determined by the City Engineer, including restoration of
public ways and other property affected by the construction. The City
Engineer shall, within 45 days of receipt of the licensee's written
request for release, file a written recommendation with the governing
body concerning the release. The City Director of Planning shall take
formal action on the request for release within 45 days of the filing
of the City Engineer's recommendation.
(2)
The construction bond shall guarantee, to the satisfaction of
the City:
(a)
Timely completion of construction;
(b)
Construction in compliance with applicable plans, permits, technical
codes and standards;
(c)
Proper location of the facilities as specified by the City;
(d)
Restoration of the public ways and other property affected by
the construction;
(e)
The submission of as-built drawings, as well as a computer-aided
design and drafting files containing the drawings in the GIS format
(.dwg and .pdf), after completion of the work as required by this
chapter; and
(f)
Timely payment and satisfaction of all payments then due to
the City, all claims, demands or liens for labor, material or services
provided in connection with the work.
JJ.
Coordination of construction activities. All licensees are required
to cooperate with the City and with each other.
(1)
By February 1 of each year, licensees shall provide the City
with a schedule of their proposed construction activities in, around
or that may affect the public ways.
(2)
Each licensee shall meet with the City, other licensees and
users of the public ways annually or as determined by the City to
schedule and coordinate construction in the public ways.
(3)
All construction locations, activities and schedules shall be
coordinated, as ordered by the City Engineer, to minimize public inconvenience,
disruption or damages.
KK.
Assignments or transfers of license. Ownership or control of a telecommunications
system or license may not, directly or indirectly, be transferred,
assigned or disposed of by sale, lease, merger, consolidation or other
act of the licensee, by operation of law or otherwise, without the
prior consent of the City, which consent shall not be unreasonably
withheld or delayed, as expressed by formal act and then only on such
reasonable conditions as may be prescribed therein.
(1)
No license shall be assigned or transferred in any manner within
12 months after the initial grant of the license, unless otherwise
provided in a license agreement.
(2)
Absent extraordinary and unforeseeable circumstances, no grant,
system or integral part of a system shall be assigned or transferred
before construction of the telecommunications system has been completed.
(3)
The licensee and the proposed assignee or transferee of the
grant or system shall provide and certify the following information
to the City not less than 150 days prior to the proposed date of transfer:
(a)
Complete information setting forth the nature, terms and conditions
of the proposed transfer or assignment;
(b)
All information required of a telecommunications license applicant
pursuant to this chapter with respect to the proposed transferee or
assignee;
(c)
Any other information reasonably required by the City.
(4)
No transfer shall be approved unless the assignee or transferee
has the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant to
this chapter.
(5)
Unless otherwise provided in a license agreement, the grantee
shall reimburse the City for all direct and indirect fees, costs,
and expenses reasonably incurred by the City in considering a request
to transfer or assign a telecommunications license.
(6)
Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the City under
this section or pursuant to a license agreement shall be void and
is cause for revocation of the license.
LL.
Transactions affecting control of grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the licensee or of a telecommunications system, or of control of the capacity or bandwidth of the licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to § 345-133KK hereof. Transactions between affiliated entities are not exempt from City approval.
MM.
Revocation or termination of license. A license granted by the City
to use or occupy public ways of the City may be revoked for the following
reasons:
(1)
Construction or operation in the City or in the public ways
of the City contrary to a license grant.
(2)
Construction or operation at an unauthorized location.
(3)
Unauthorized substantial transfer of control of the licensee.
(4)
Unauthorized assignment of a license.
(5)
Unauthorized sale, assignment or transfer of the licensee's
assets, or a substantial interest therein.
(6)
Misrepresentation or lack of candor by or on behalf of a licensee
in any application to the City.
(7)
Abandonment of telecommunications facilities in the public ways.
(8)
Failure to relocate or remove facilities as required in this
chapter.
(9)
Failure to pay fees and costs when and as due the City.
(10)
Insolvency or bankruptcy of the licensee.
(11)
Violation of material provisions of this chapter.
(12)
Violation of the material terms of a license agreement.
NN.
Notice and duty to cure. In the event that the City Director of Planning
believes that grounds exist for revocation of a license, it shall
give the licensee written notice of the apparent violation or noncompliance,
providing a short and concise statement of the nature and general
facts of the violation or noncompliance, and providing the licensee
a reasonable period of time not exceeding 30 days to furnish evidence:
OO.
Hearing. In the event that a licensee fails to provide evidence reasonably satisfactory to the City Director of Planning as provided in § 345-133NN hereof, the Director shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.
PP.
Standards for revocation or lesser sanctions. If persuaded that the
licensee has violated or failed to comply with material provisions
of this chapter, or of a license agreement, the Director shall determine
whether to revoke the license or to establish some lesser sanction
and cure, considering the nature, circumstances, extent and gravity
of the violation as reflected by one or more of the following factors:
(1)
Whether the misconduct was egregious.
(2)
Whether substantial harm resulted.
(3)
Whether the violation was intentional.
(4)
Whether there is a history of prior violations of the same or
other requirements.
(5)
Whether there is a history of overall compliance.
(6)
Whether the violation was voluntarily disclosed, admitted or
cured.
QQ.
General. No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within
the City except as provided in this chapter.
RR.
Construction codes. Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable
federal, state, and local codes, rules and regulations, including
the Electrical Code and Uniform Construction Code currently in effect.
SS.
Construction permits. No person shall construct or install any telecommunications
facilities within the City without first obtaining a license therefor;
provided, however, that no license shall be issued for the construction
or installation of telecommunications facilities in the public ways
unless the telecommunications carrier has applied for and received
a license pursuant to this chapter.
TT.
Engineer's certification. All license applications shall be accompanied
by the certification of a professional engineer licensed in New Jersey
that the drawings, plans and specifications submitted with the application
comply with applicable technical codes, rules and regulations.
UU.
Traffic control plan. All license applications which involve work
on, in, under, across or along any public ways shall be accompanied
by a traffic control plan demonstrating the protective measures and
devices that will be employed, consistent with the New Jersey Department
of Transportation regulations, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and
vehicular traffic. The plan will be submitted to the Long Branch City
Chief of Police for review and approval. The City may require the
applicant to hire traffic directors (off-duty police officers) on
an as-needed basis.
VV.
Construction schedule. The licensee shall submit a written construction
schedule to the City Engineer 10 working days before commencing any
work in or about the public ways. The licensee shall further notify
the City Engineer not less than two working days in advance of any
excavation or work in the public ways.
WW.
Display of license. The licensee shall maintain a copy of the license
and approved plans at the construction site, which shall be displayed
and made available for inspection by the City Engineer or his representatives
at all times when construction work is occurring.
XX.
Survey of underground facilities. If the license specifies the location
of facilities by depth, line, grade, proximity to other facilities
or other standard, the licensee shall cause the location of such facilities
to be verified by a licensed New Jersey land surveyor. The licensee
shall relocate any facilities which are not located in compliance
with license requirements.
YY.
Noncomplying work. Upon order of the City Engineer, all work which
does not comply with the license, the approved plans and specifications
for the work, or the requirements of this chapter, shall be removed.
ZZ.
Completion of construction. The licensee shall promptly complete
all construction activities so as to minimize disruption of the City
ways and other public and private property. All construction work
authorized by a license within City ways, including restoration, must
be completed within 120 days of the date of issuance.
AAA.
As-built drawings. Within 60 days after completion of construction,
the licensee shall furnish the City with two complete sets of plans,
drawn to scale and certified to the City as accurately depicting the
location of all telecommunications facilities constructed pursuant
to the permit. This information shall be provided through computer-aided
design and drafting files in a GIS file format (.dwg and .pdf).
BBB.
Exceptions. Unless otherwise provided in a license agreement,
all telecommunications carriers are subject to the requirements of
this chapter.
CCC.
Responsibility of owner. The owner of the facilities to be constructed
and, if different, the licensee, are responsible for performance of
and compliance with all provisions of this chapter.
