HomeMy Public PortalAboutOrd. 22-19Orbinanclo
No. #22 -19 of tht
19 Vrough of Tartud,
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS
REGARDING DEPLOYMENT OF SMALL WIRELESS FACILITIES
IN PUBLIC RIGHTS -OF -WAY IN THE BOROUGH
WHEREAS, the wireless communications industry has expressed interest in
submitting applications to utilize space in public rights -of -way within Borough of
Carteret ("Borough" or "Municipality") for the installation of small cell wireless
telecommunications facilities (hereinafter "Small Wireless Facilities ") in connection
with the industry's efforts to expand and/or upgrade existing 4G Facilities and as part
of the construction of a nation -wide SG Facilities network; and
WHEREAS, the Borough support these investments and deployment of wireless
networks in a way that balances our cormnimity character, needs, and interests while
preserving the Borough's ability to manage public rights -of -way in the overall
interests of the public health, safety and welfare; and
WHEREAS, the Borough recognizes that Small Wireless Facilities often are most
effectively deployed in public rights -of -way and that the rules and regulations of the
Federal Communications Commission require municipalities to make rights of way
available subject to local police power regulations; and
WHEREAS, multiple installations of Small Wireless Facilities within the public right -
of- way can impact property values, create traffic and pedestrian safety hazards,
impact shade trees where proximity conflicts may require trimming of branches or
require removal of roots and create visual and aesthetic blights all of which can
negatively impact the quality and character of life within the Borough; and
WHEREAS, the Borough wishes to. preserve the aesthetics of the community by
encouraging the location of Small Wireless Facility equipment on existing or previously
approved infrastructure; and
WHEREAS, A September 2018 Ruling and Order of the Federal Communications
Commission ( "FCC ") and subsequent federal court decision impacting that
ruling imposes certain restrictions and preemptions on the exercise of local
authority when dealing with small wireless facilities.
WHEREAS, the Borough's needs to amend its municipal code to address the legal and
practical issues that arise in connection with multiple Small Wireless Facility
installations deployed in the public rights -of -way; and
WHEREAS, in light of the foregoing, this governing body is of the opinion that the
adoption of this Ordinance is in the best interest of the Borough and the health, safety
and welfare of its residents and visitors.
NOW, THEREFORE, BE IT ORDAINED by the Members of Council of the
Borough of Carteret, in the County of Middlesex, State of New Jersey, as follows:
Section One. Definitions.
A. All definitions of words, terms and phrases that are set forth in the
Communications Act of 1934, P.L. 73 -416, as amended by various
statutory enactments including, but not limited to, the
Telecommunications Act of 1996 P.L. 104 -104, are incorporated
herein and are made apart hereof.
NO. #22 -19
2 o 11
B. All definitions of words, terms and pleases that are set forth in the
New Jersey Municipal Land Use Law, N.JS.A. 40:55D -1, et, seq., are
incorporated herein and are made apart hereof.
C. All of the definitions of words, terms and phrases that are set forth
in the Code of Federal Regulations at 47 C.F.R. §1.6002, as
amended, are incorporated herein and are made a part hereof.
D. In addition to the foregoing, the following words, terms and phrases
shall have the meanings indicated unless an alternate meaning clearly
is discernable from the context in which the word, term or phrase is
used:
Administrative Review means ministerial review of an Application by
the Borough to determine whether the issuance of a Permit is in
conformity with the applicable provisions of this Chapter.
Antenna means communications equipment that transmits and/or
receives electromagnetic radio frequency signals used in the provision of
Wireless
Services. This definition does not apply to broadcast antennas, antennas
designed for amateur radio use, or satellite dishes for residential or
household purposes.
Applicable Codes means uniform building, fire, safety, electrical,
plumbing, or mechanical codes adopted by a recognized national code
organization to the extent such codes have been adopted by the
Authority, including any amendments adopted by the Authority, or
otherwise are applicable in the jurisdiction,
Applicant means any Person or Entity who submits an Application under
this Chapter, such as a Provider described herein.
Application means a written request, on a form provided by the Borough.
Authority means the Mayor and Council of the Borough of Carteret. The
term
"Authority" and "Borough" are interchangeable.
Collocate means to install or mount a Small Wireless Facility in the
Public Right -Of -Way on an existing Support Structure, on an existing
Pole, on a new pole, or smart pole.
"Collocation " has a corresponding meaning.
Communications Facility means, collectively, the equipment at a fixed
location or locations within the Public ROW that enables
Communications Services, including; (i) radio transceivers, Antennas,
coaxial, fiber -optic or other cabling, power supply (including backup
battery), and comparable equipment, regardless of technological
configuration; and (ii) all other equipment associated with any of the
foregoing. A Communications Facility does not include the Pole or
Support Structure to which the equipment is attached.
Communications Service means cable service, as defined in 47 U.S.C, §
522(6); information service, as defied in 47 U.S.C. § 153(24); or
telecommunications service, as defined in 47 U.S.C. § 153(53),
NO. #22 -19
Communications Service Provider means it provider of Communications
Services and includes a cable operator as defined in 47 U.S.C. § 522(5).3
Consultant means any Person appointed by the Borough to serve as a
consultant for the Borough for all matters concerning this Chapter, and
who may be contracted for professional services.
FCC means the Federal Communications Commission of the United
States.
Laws means, collectively, any and all Federal, State or Local law, statute,
common law, code, rule, regulation, order, or ordinance.
Ordinary Maintenance and Repair means inspections, testing and/or
repair that maintain functional capacity, aesthetic and structural integrity
of a communications Facility and/or the associated Support Structure or
Pole that does not require blocking, damaging or disturbing any portion
of the Public ROW.
Permit, "RAW Permit" or "Small Cell Permit" means a written
authorization to install, at a specified location(s) in the Public ROW, a
Communications Facility or a Pole to support a Communications
Facility.
Permittee means an Applicant that has received a Permit under this
Chapter.
Person means an individual, corporation, limited liability company,
partnership, association, trust or other entity or organization, including a
governmental entity.
Personal Wireless Services
'Personal Wireless Services," as defined in 47 U.S.C.
§332(c)(7)(C), as supplemented and/or as amended.
Public Right -of -Way
The surface, the airspace above the surface and the area below
the surface of any street, road, highway, lane, alley, boulevard or
drive, including the sidewalk, shoulder and area for utilities
owned by the Borough of Carteret.
Small Wireless Facility
"Small Wireless Facility," as defined in the Code of Federal Regulations
at 47 C.F.R §1.6002(1), as supplemented and/or as amended. Small
wireless facility means a wireless facility that meets both of the following
qualifications: (i) each antenna is located inside an enclosure of no more
than six (6) cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all of its exposed elements could fit
within an imaginary enclosure of no more than six (6) cubic feet; and (ii)
all other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than twenty-five (25) cubic feet in
volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter,
concealment elements, telecommunications demarcation box, ground -based
enclosures, grounding equipment, power transfer switch, cut -off switch,
and vertical cable rims for the comnection of power and other services.
Smart Pole '
A decorative utility pole that conceals three or more Small Wireless
Facility installation(s) and may include other features such as street
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NO. #22 -19
PAGE 4 of 11
lighting, 911 call service access, public access Wi -Fi and surveillance
cameras. A Smart Pole must allow for multiple occupants and allow
space for municipal use for other services and/or equipment. Smart Poles
shall neither have external latches, external hinges, external cabling, or
other attachments. The pole should be made of an inherently rust- resistant
material (ie. aluminum alloys or stainless steel).
Utility Pole
A wooden or metal pole that is used by public utilities to support
electrical wires, telephone wires, coaxial cables, fiber optic cables and
like and similar appurtenances.
Wireless Communications Infrastructure
Infrastructure designed specifically for the purpose of supporting wireless
facility equipment deployments, including large -scale (macro)
colloeatable infrastructure as well as Small Wireless Facilities
Infrastructure '
Small Wireless Facilities Infrastructure
A Smart Pole meeting the above definition or other collocatable
infrastructure designed or deployed for the purpose of supporting small
wireless facility, the types of which may be approved by geographical
zones as defined by Borough
E. In the event that a term, word or phrase is not defined in any of the
aforementioned statutes and is not otherwise defined herein then that
term, word or phrase shall have its cormnon, ordinary meaning.
Section Two. Small Wireless Facility Siting Permit Required; Consent to Use
Rights -of -Way Required.
A. No person shall place a Small Wireless Facility in any right -of -way
without first filing a Small Wireless Facility siting permit application,
in the form specified herein and in accordance with the procedures
specified herein, with the Borough Clerk and obtaining a siting permit
therefore, except as otherwise may be provided in this ordinance. Upon
approval of a siting permit application, the siting permit authorizing
placement of a Small. Wireless Facility in a public right -of -way shall
not be issued by the Borough Clerk to any Applicant unless:
1. All siting permit application fees and escrow fees, as
established herein, have been paid; and
2. All other governmental permits or other governmental approvals
that are required for the deployment(s) proposed by the Applicant's
siting permit application under the New Jersey Uniform Construction
Code Act, N.J.S.A. 52:27D -1 1 9, et. seq., and the administrative
regulations adopted thereunder, Street Openings, of the Code of the
Borough of Carteret,.and by any other applicable federal, state or
municipal law have been issued by the appropriate issuing authority
therefore to the Applicant and the Applicant has supplied copies of
such other permits or approvals to the Borough Clerk for inclusion
with the Applicant's application documents; and
3. The Applicant has entered into a "Right -of -Way Use Agreement,"
the approved form of which is set forth in Appendix "A" to this
ordinance, with the Borough. The approved form of "Right -of -Way
Use Agreement" may from time -lo -time be revised, supplemented or
otherwise amended or replaced. All such revisions, supplements,
amendments or replacements shall be approved by Resolution of
Borough Council. The Borough Clerk shall maintain on file the
currently approved Right -of -Way Use Agreement version and shall
provide a copy to all siting permit applicants. Minor deviations to. the
No. #22 -19
PAGE 5 o, 11
terms and conditions that are set forth in the approved form of Right -
of -Way Use Agreement may be approved by Borough Council at the
time that it grants consent to use a right -of -way to a siting permit
Applicant.
B. No siting permit authorizing placement of a Small Wireless Facility in
a public right- of -way shall be issued to any Applicant unless Borough
Council, in the manner prescribed by applicable laws of the State of
New Jersey, has granted to the siting permit Applicant its consent to
use public rights -of -way within the Borough. No siting of a Small
Wireless Facility shall be permitted within five- hundred (500) feet of
another Small Wireless Facility unless it can be established by clear and
convincing evidence that compliance with these regulations would
effectively prohibit the applicant from providing service and that co-
location on an existing or previously approved Small Wireless Facility is
not feasible. Any claims of applicants of technical incompatibility or
inability to collocate need to be demonstrated scientifically by the
applicant how technical incompatibility exists, not disproven by the
Borough. Responsibility for fudging proof of said claims lies solely with
the Borough and/or or its chosen representative(s).
Section Three. Installation of New Structures; Installation on Existing
Structures.
A. No application for a Small Wireless Facility siting permit shall
be approved if the application proposes the deployment oR a
Small Wireless Facility upon an existing structure in a right -of-
way unless the structure is one of the types of Smart Poles that
are set forth in Section One: Definitions to this ordinance and
such Smart Pole specifically is designed to accommodate the
reasonable and customary equipment necessary for a Small Wireless
Facility installation which will accommodate at least three carriers
per Small Wireless Facility deployment. Any exception to this
requirement must be accompanied by clear and convincing evidence
that co- location on air existing or previously approved, Small
Wireless Facility is not feasible. Any claims of applicants of
technical jncompatibility or inability to comply with this
requirement need to be demonstrated scientifically by the applicant,
not disproven by the Borough. Responsibility forjudging proof of
said claims lies solely with the Borough and/or or its chosen
representative(s).
B. No Small Wireless Facility shall be installed upon any new
structure within any right- of -way unless the new structure is one
of the types of Smart Poles that are identified in Section One:
Definitions to this ordinance. A replacement pole is a new
structure. The restrictions on new structures set forth herein shall
not apply to new structures to be constructed in the following
zoning district: (if applicable).
C. No application for a Small Wireless Facility siting permit shall be
approved if the application proposes the deployment of a Small
Wireless Facility in an area other than those specific locations set
forth within the Borough's Wireless Siting Plan, which can be found
on file with the Office of the Borough Clerk, All Small Wireless
Facilities must be placed within a 25 ft. radius of those specific
NO. #22-19
PAGE 6 of 11
locations set forth on the Borough's Wireless Siting Plan. No more
than one (1) Smart Pole shall be permitted per intersection or block
if the Siting Plan calls for the deployment of a Small Wireless
Facility at any location other than an intersection, unless otherwise
specified within the Wireless Siting Plan. No Smart Poles shall be
located within 500 ft of another. Any claims of carriers of technical
incompatibility or inability to comply with this requirement need to
be proven by the cannier, not disproven by the Borough.
Responsibility for judging proof of said claims lies solely with the
Borough and/or or its chosen representative(s).
Section Four. Siting Permit Application Process.
A. , Application Filing. An application for a siting permit to place one or
more Small Wireless Facility within a right -of -way shall be made on
forms which shall be available from the Office of the Borough Clerk.
The application, along with the required application fee and the
required escrow fee, shall be filed with the Borough Clerk. Immediately
upon receipt of an application, the Borough Clerk shall provide copies
of the application and all supporting documents that were submitted
by the Applicant with the application, to the Borough Engineer,
Zoning Official, Construction Official and the Borough Solicitor.
B. _Application Form The Small Wireless Facility siting permit
application shall be made by a provider of personal wireless services,
its duly authorized representative, as noted in a notarized statement
from the provider of personal wireless services; on whose behalf the
representative is acting, or an entity in the business of deploying wireless
communications facilities or infrastructure, and shall contain the
following:
1. The Applicant's name, address, telephone number and e-mail
address;
2. The names, addresses, telephone numbers, and e-mail addresses
of all consultants, if any, acting on behalf of the Applicant with
respect to the filing of the Application;
3. A general description of the proposed Small Wireless Facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature and
character of the work to be performed, with particular emphasis on
those matters, including, but not limited to, subsurface utilities
likely to be affected or impacted by the work proposed along with a
description of such other govetmnental permits or approvals as may
be required by applicable law with respect to the proposed
installation(s) and a description of such other permits or approvals
for which the Applicant has applied;
4. Authorization for any consultant acting on behalf of the Applicant
to speak with the Borough, or a designee of the Borough, on the area
of consultation for the Applicant even if the Applicant cannot be
available;
5. Verification via sworn statement from an appropriate professional
that the Small Wireless Facility shall comply with all applicable
federal, state and local laws, administrative regulations and codes;
a. With respect to radio frequency emissions, Applicant must
'provide a sworn statement from a qualified radio frequency engineer
that the Application will comply with all applicable Federal, State, and
Local laws regarding radio frequency emissions
NO. #22 -19
PAGE-7 of 11
6. The Applicant shall certify that they shall make available approved
facilities to all major wireless carriers in the marketplace. The
Applicant shall further certify that they will encourage, manage and
coordinate the location and placement of any interested carrier's
equipment on their structure.
C. An Applicant seeking to deploy a network of Small Wireless
Facilities, all of which are to be located in rights -of -way, may file a
hatched application for up to twenty -five (25) Small Wireless Facilities
and receive a single siting permit for multiple Small Wireless
Facilities. Any denial of any individual Small Wireless Facilities within a
batched application, will not impact the consideration of other sites
within the same application.
Section Five. Procedure on Permit Application; No Exclusive Rights.
A. The Borough shall review the application for a Small Wireless
Facility siting permit in light of its conformity with the provisions of
this Ordinance, and shall approve o r d e n y a siting permit on
nondiscriminatory terms and conditions 'subject to the following
requirements:
1. Within ten (10) days of receiving an Application, the Borough
Clerk shall determine and notify the Applicant:
(a) Whether the Application is complete;
(b) If the Application is incomplete, what specific information is
missing; and
B. The Borough shall make its final decision to. approve or deny the
Application within the following timeframes:
(1) Sixty (60) days from the submission of a complete application
to install a Small Wireless Facility upon one or more existing
structures.
(2) Ninety (90) days from the submission of a complete
application to install a Small Wireless Facility upon one or
more new st uclures.
(3) Ninety (90) days from the submission of a complete batched
application to install Small Wireless Facilities upon both
existing and new structures.
The timefranmes described above by which an application shall be either
approved or denied may be extended by mutual consent of the Applicant
and Borough. Such consent shall be set forth on a form for such purposes
which shall be available from the Office of the Borough Clerk. Such
consent on behalf of the Borough shall be exercised by the Appropriate
Borough Officials in his/her reasonable discretion.
C. The Borough Clerk shall notify the Applicant in writing of the final
decision, and if the Application is denied Specify the basis for denial;
and Cite such specific provisions, as may be recommended by the
Borough Solicitor, from federal, state, or local laws, administrative
regulations or codes as to why the Application was denied.
D. Notwithstanding an initial denial, the Applicant may cure any
deficiencies Identified by the Borough within thirty (30) days of the
denial without paying an additional application fee, provided the
NO. #22-19 PAGE $ of 1f
Borough Clerk shall approve or deny the revised application within
thirty (30) days of receipt of the amended application which shall be
limited to the deficiencies specified in the original notice of denial.
E. A siting permit from the Borough authorizes an Applicant to undertake
only certain activities in accordance with this ordinance. No approval
or consent granted, or siting permit issued, pursuant to this ordinance
shall confer any exclusive right, privilege, license or franchise to
occupy or use any public right -of -way within the Borough of Carteret
for the delivery of telecommunications services or for any other
purpose.
F. Nothing in this section affects an applicant's obligation to apply for other
permits that may be required under this code, such as street opening
permits or construction permits, for which the Applicant has not yet
applied. No Small Wireless Facility siting permit shall be approved
until the Applicant has applied for all other permits and approvals
required by all other laws and regulations that are applicable to the
Applicant's proposed Small Wireless Facility deployment.
Section Six. Duration.
No siting permit issued under this ordinance shall be valid for a period longer
than twelve (12) months unless construction has actually begun and continuously
and diligently is pursued to completion. Upon written request from the
Applicant, the Mayor, upon consultation with the Construction Official, may
extend the siting permit for a period of up to twelve (12) months so long as
construction has begun at the time that the Applicant's request for an extension is
made.
Section Seven. Routine Maintenance and Replacement.
A Small Wireless Facility siting permit shall not be required for:
A. Routine maintenance of a Small Wireless Facility.
B. The replacement of a Small Wireless Facility with another Small Wireless
Facility that is the same or smaller in size, weight and height to the Small
Wireless Facility that is being replaced.
C. Provided, however, that on a location where the Borough and /or another
provider has placed equipment or facilities, any routine maintenance or
replacement that is done shall not occur until written authorization from the
Borough and /or the other provider, as the case may be, to proceed is provided
to the Borough, which authorization to proceed shall not unreasonably be
withheld by the Borough and /or the other provider.
D. Provided further that if the replacement of a Small Wireless Facility with
another Small Wireless Facility includes replacement of the structure to
which the Small Wireless_ Facility is attached then an application for a siting
permit shall be required.
E. Notwithstanding anything to the contrary in this section 7, permits are
required for any activity that involves any road closure or other activity that
will impact vehicle or pedestrian traffic.
Section IEigh(. Fees.
A. Application Fees. All applications for approval and issuance of a Small
Wireless Facility siting permit pursuant to this ordinance shall be
accompanied by a fee as follows:
NO. #22 -19 pAGg 9 of 11
u
1. For applications that do not include the installation of any new
structures within a right -of -way the application fee shall be
$500.00 for up to five (5) Small Wireless Facilities with an
additional $100.00 for each Small Wireless Facility beyond five
(5).
2. For applications that include the installation of a new structure
within a right -of- way the application fee shall be $1000.00 for up
to five (5) Small Wireless Facilities with an additional $100.00
for each Small Wireless Facility beyond five (5),
B. , Other Fees: No pole attachment fees will be assessed by the Borough unless
and until an applicant applies for pole attachment to a Borough -owned pole
C. Annual Rate: $270 Annual ROW Maintenance Rate per small wireless
facility, starting on the anniversary of the permit
Section Nine. Escrow Fee for Third -Party Professionals and Consultants.
A. In addition to the application fee, all applications for approval and
issuance of a Small Wireless Facility siting permit shall be accompanied
by an escrow fee as follows:
1. For applications whose proposed Small Wireless Facility
deployment(s) will not require a street opening permit pursuant to
the Code of the Borough: $5,000.00
2. For applications whose proposed Small Wireless Facility
deployment(s) will require a street opening pern it pursuant to the
Code of the Borough: $7,500.00.
B. The escrow account deposits are required to pay for the costs of
professional services, including engineering, planning, legal and other
third -party professional consulting expenses connected with the review
of submitted materials, including any traffic engineering review.or other
special analyses related to the Borough's review of the materials
submitted by the Applicant and the preparation of any reports or any
necessary legal agreement regarding rights -of -way use. An Applicant is
required to reimburse the Borough for all fees, costs and expenses of
third -party professionals and consultants incurred and paid by the
Borough for the review process of a Small Wireless Facility siting permit
application, such as, but not limited to:
I. Professional fees for reviews by third -party professionals or
consultants of applications, plans and accompanying
documents;
2. Issuance of reports or analyses by third -party professionals or
consultants to the Borough setting forth recommendations
resulting from the review of any documents submitted by the
Applicant;
3. Charges for any telephone conference(s) or meeting(s),
including travel expenses, requested or initiated by the
Applicant, the Applicant's attorney or any of the Applicant's
experts or representatives;
4. Review of additional documents submitted by the Applicant
and issuance of reports or analyses relating thereto;
No. #22 -19
PAGE l0 —Of"
5. Review or preparation of right -of -way use agreements,
easements, deeds, right -of- way municipal consent ordinances
or resolutions and any and all other like or similar documents;
and
6. Preparation for and attendance at all meetings by third -party
professionals or consultants serving the Borough, such as the
Borough Attorney, Borough Engineer and Borough Planner or
other experts as required.
C. The escrow account deposits shall be placed in a separate account by the
Borough's Chief Financial Officer at the request of the Borough Clerk
and an accounting shall be kept of each Applicant's deposit. Thereafter:
All third -party professional or consultant fees, costs,
expenses and charges shall be paid from the escrow account
and charged to the applicant;
a. Third -party professional or consultant fees shall not be
disbursed from escrow if they are for a service
performed in the context of an identical paid service
between applicant and same third -party who may
otherwise be entitled to said fees.
2. Upon either final denial of a Small Wireless Facility siting
permit application or upon issuance of a Small Wireless Facility
siting permit, any moneys not expended for third -party
professional or consulting services shall be returned to the
Applicant within 90 days upon written request by the Applicant
and as authorized by the Borough Council;
3, If at any time during the application review process 75% of
the money originally posted shall have been expended, the
Applicant shall be required to replenish the escrow deposit to
100% of the amount originally deposited by the Applicant;
4. No Small Wireless Facility siting permit application shall be
considered complete until such time as the required escrow fee
has been posted to guarantee payment of third -party professional
or consultant fees, costs, expenses and charges;
5. All payments charged to the escrow deposit shall be pursuant
to vouchers from the third -party professionals or consultants
stating the hours spent, the hourly rate and the fees, costs,
expenses and charges incurred;
6. Third -party professionals and consultants submitting charges
pursuant to this section shall be permitted to charge for such
services at the same rates as they would charge their private
clients for like or similar work provided that:
(a) Professional fees are billed at rates that do not
exceed such professional fees as are customarily charged
by other like professionals and consultants performing
similar work within Middlesex County; and
(b) Out -of- pocket costs, expenses and charges are
billed our a dollar- for - dollar basis with no mark -up being
permitted;
7. The Borough shall render a written final accounting to the
Applicant on the uses to which the escrow deposit was put. The
written final accounting shall include copies of all vouchers
NO. #2219 PAGE-11 of it
'
that were submitted by third -party professionals and
consultants and paid by the Borough.
Section Ten. Municipal Access to New Structures.
An Applicant whose siting permit includes the installation of any new Smart
Pole structure of any of the types that are defined in in Section One: Definitions
to this ordinance shall provide the Borough with access to space within the
Smart Pole structure for the purpose of deploying Borough's own equipment
including but not limited to, public access Wi -Fi, 911 call service or security
cameras. Notwithstanding the foregoing, the Municipal use shall not interfere
with Small Wireless Facilities of any other users of that Smart Pole. Any
Municipal use pursuant to this section shall include a reimbursement to the
applicant, on an annual basis, of the costs, on a dollar- for - dollar basis, of
providing the Borough with such access. Such costs shall be limited to the costs
of providing electricity to the components used by the Borough and the costs of
any repairs required to be made to the components used by the Borough, unless
the repair costs are necessitated by the acts of the Applicant or subsequent owner
of the structure, without regard to whether such acts are negligent or intentional.
Section Eleven.
All Ordinances or parts of Ordinances inconsistent with this Ordinance, to the
extent of such inconsistencies only, be and the same hereby are repealed.
Section Twelve.
Notwithstanding any provision to the contrary, nothing in this code should be
interpreted to have the effect of prohibiting or effectively prohibiting the
deployment of broadband or other communications services
Section Thirteen.
This Ordinance shall take effective immediately upon final passage and
publication as provided by law.
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
BELLINO
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JOHAL
DIAZ
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DIMASCIO
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, NAPLES
TNONV
X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote t
Adopted on first reading of the Council of the Borough of Carteret, N.J.,
Adopted on second reading after hearing on Aug USt III
on July 21, 2022
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AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
July 26, 2022
NEW MAN ILA
1 I 1 1
FQJENNIfEfl K. OTEfl0
N,, ta ry Puh k • Siale of New Jersey COmmIssion N 50.18.8983 Comm. Ex Tres Mar. 31 2021
Sworn and subscribed befo e
me this (* day of
Carmela Pogo'rze ki,�ItM
Municipal Clerk
rOROINAN0Er02241Q
"AN AO H' E O STANDARDS
PUBLIC RIGHTS DEPLOYMENT OF MALL WIRELESS FACILITIES N
-OF -WAY IN THE BOROUGH"
"his .ordinanm. establilhes pprocedures and standards regarding
smell ,wirdless �fetilitics lin Ipslblic (fights -of -way In the Borough of
Carteret.
The foregoing ordinance was introduced at a meeting of the
The fore of the Borough of Carteret held July 21, 2022 when It was
ativptetl .I hire reatligB. Rhe sald ordinance will be further
consltleretl .on - second reatl(ng(fnr final adoption at a meeting of
said 1Goundl of the Borough �df Carteret on August 11, 2022
approplmately 6:00 p.m. msmdtely, information for the call In
ppmcess Is on the BorougHls swebsite, www.carteret.net at which
tlme .all persons Interested mill Ibe gwen an opportunity to be
heard. ,
Carmela Po orzelskl, RMC
Munldpal Clerk
(E1 B.78>
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
August 17, 2022
Notary Pi lie of New Jersey
JENNIFER K.K. ""
_ s Notary Publk • State of New Jersey
Commission # 50.18.8983
M Comm. Ex )Ires Mar, 31, 2021
Sworn andgubscribed before
me this I day of e d
Carmela Pog rz .0
Municipal Clerk
ORDINANCE #22.19
"AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS RE-
GARDING DEPLOYMENT OF SMALL WIRELESS FACILITIES IN PUBLIC
RIGHTS -OF -WAY IN THE BOROUGH'
APPROVED AND ADOPTED:_ AUGUST 1 t, 2022_
INTRODUCED: JULY 21, 2022__
Advertlsetl as Adopted on First Readingg
With notice of Public Hearing: _lin& 26, 2022_
Hearing Held: AUGUST 11, 2022
Approved By: _ MAYOR DANIEL 1. REIMAN
Advertised as Finally Adopted:- AUGUST 17, 2022
Carmela Pogorzelskl, RMC
($14.62) Municipal Clerk