Lacey Township City Zoning Code
ARTICLE VIII
Supplemental Regulations
§ 335-49.1 Solar and wind facilities.
[Added 4-10-2014 by Ord. No. 2014-07]
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
The individual or entity that intends to own and operate the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
Is used to generate electricity;
Has a nameplate capacity of 100 kilowatts or less; and
Is as high as necessary to capture the wind energy resource at a height determined to be necessary for optimum energy generation through prior testing with a met tower at the proposed location of the wind energy system.
In relation to a wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point. Additionally, the total height of the tower shall not exceed the distance from the location of the tower to the closest property line.
A monopole, freestanding, or guyed structure that supports a wind generator.
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
Standards. Subject to the requirements found below, a small wind energy system shall be a permitted accessory use in the Pinelands Forest and Preservation Zones and a permitted use in the following zones: Marine Commercial, Highway Business, Limited Business, Municipal Land Office, Business Park, and Industrial:
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to the Township's building setback requirements. If overheard power lines are located in close vicinity to the wind tower, the Zoning Officer may increase the setback requirement as necessary to reduce any public safety issue. No portion of the wind generator shall extend beyond the setback line nor into the following:
Access.
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
All towers shall be constructed so as to limit access to only authorized personnel and shall contain appropriate safety measures to assure compliance with all federal and state occupational safety requirements.
Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
Appearance, color and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval. All components of the system shall be maintained in accordance with the most current requirements contained within the Property Maintenance Code and the Uniform Construction Code adopted by the Township.[1]
Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9 et seq.[2]
[2]
Editor's Note: N.J.A.C. 14:4-9 is reserved. See N.J.A.C. 14:8-4 for provisions for net metering for Class I renewable energy systems.
Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
Rooftop wind turbines may be permitted in all zones. Rooftop turbines may not exceed a height of three and one-half (3.5) feet.
In all zoning districts located within the New Jersey Pinelands Area, all small wind energy systems shall comply with all applicable standards set forth in the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq., including the minimum environmental standards set forth in Subchapter 6.
Solar energy systems.
Solar energy systems shall be permitted as a rooftop installation in any zoning district. Solar panels mounted to the roof of garages and accessory structures will also be permitted. Within the Pinelands Area, solar energy systems located on the rooftop of any existing building, accessory or otherwise, or any existing structure, accessory or otherwise, shall be permitted only as an accessory use. Structurally attached solar energy systems installed on a building with a sloped roof shall not project vertically above the peak of the roof and/or shall comply with the height regulations of the zone. Roof-mounted solar energy systems shall not exceed a height of three feet from the rooftop at any point. Structurally attached solar energy systems installed on a building with a flat roof shall not project vertically more than five feet above the roof and/or shall comply with the height regulations of the zone.
Freestanding or ground-mounted solar energy systems (ground arrays) shall be considered a structure and shall be subject to the regulations of the zone for such, together with all other applicable codes and ordinances. Within the Pinelands Area, freestanding or ground-mounted solar energy systems (ground arrays) shall be permitted only as an accessory use. Ground-mounted or freestanding solar energy systems shall not be permitted in the front yard of any property in any zone. The height of any ground-mounted or freestanding solar energy system shall not exceed 16 feet. Ground solar energy systems shall be located so that any reflection is directed away or is properly buffered from an adjoining property.
Solar energy systems may consist of photovoltaic cells, hot water collector applications and hot air applications.
Roof-mounted solar energy systems are discouraged from being erected on the front roof of a structure which faces a street. Solar energy systems shall be located on a rear- or side-facing roof, as viewed from any adjacent street, unless such installation is proved to be ineffective or impossible. The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation. Front-facing installation may be permitted in accordance with the following provisions:
The applicant must indicate valid reasons as to why this is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board and reviewed by the Township Engineer and any other professional that the Township deems necessary.
Solar panels must be flush mounted to the roof.
Solar energy system installations for the purpose of generating electricity shall conform to the following criteria:
The solar energy systems shall not be sized to generate more power than what is required by said structure as measured on an annual basis. All solar energy systems shall be grid tied.
A study, prepared by a qualified individual, shall be performed to verify that the property conditions will produce the intended solar power generation based on property location, surrounding structures, and building orientation. Solar ground-mounted or freestanding solar energy systems shall be set back a minimum distance of 20 feet from all property lines.
Solar energy systems shall be designed by a licensed engineer of the State of New Jersey. In the event that the solar energy system is to be mounted to, or is constructed on top of, an existing dwelling or building, detailed calculations and engineered drawings of the mounting must be provided by a licensed engineer of the State of New Jersey. Electric cables must be concealed below the roofline.
All units and unit installation shall be in accordance with all applicable state construction codes, as well as the National Electric Code.
All wiring leading to and from the panels shall be installed below the roof structure or shall be installed underground.
In all zoning districts located within the New Jersey Pinelands Area, all solar energy systems shall comply with all applicable standards set forth in the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq., including the minimum environmental standards set forth in Subchapter 6.
Permit requirements.
Permit. A zoning permit shall be required for the installation of a small wind or solar energy system. In all zoning districts located within the Pinelands Area, a certificate of filing shall be obtained from the Pinelands Commission prior to the issuance of any zoning permit or building permit or to the installation of any solar energy system, which is not located on an existing building or structure (for rooftop installations) or on an existing impervious surface (for ground arrays), and all small wind energy systems.
Documents. The zoning permit application shall be accompanied by three sets of a plot plan which includes the following:
Property lines and physical dimensions of the property.
Location, dimensions, and types of existing major structures on the property.
Location of the proposed small wind or solar energy systems.
The right-of-way of any public road that is contiguous with the property.
Any overheard utility lines within 300 feet of the outbound property lines.
Small wind or solar energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or ground).
A plot plan showing all of the adjacent properties and the current zoning for all adjacent properties.
A study conducted by a licensed professional engineer certifying to the viability and feasibility of the small wind energy system at the proposed location.
A certificate of filing issued by the Pinelands Commission, where required pursuant to E(1) above.
Fees. The application for a zoning permit for a small wind or solar energy system must be accompanied by the fee required for a zoning permit in addition to a fee in the amount of $1,000 to cover the costs of engineering review.
Expiration. A permit issued pursuant to this section shall expire if:
Building permit. All applicants must file the required information and documentation with the Construction Official and meet all of the requirements to obtain a building permit pursuant to the Uniform Construction Code.
Abandonment.
A small wind or solar energy system that is out of service for a continuous eighteen-month period will be deemed to have been abandoned.
The Administrative Officer may issue a notice of abandonment to the owner of a small wind or solar energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
The owner shall have the right to respond within 30 days from notice receipt date, documenting evidence of why the small wind or solar energy system should not be deemed abandoned. Such documenting evidence may include, but not be limited to, certifications, affidavits, photographic and videographic evidence and electronic utility bills.
If the owner provides sufficient information and demonstrates the small wind or solar energy system has not been abandoned as defined in Subsection F(1) above, the Administrative Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
If the Administrative Officer determines that the small wind or solar energy system has been abandoned, the owner of the small wind or solar energy system shall remove the energy system from the property to a place of safe and legal disposal at the owner's sole expense within six months after the owner receives the notice of abandonment.
Zoning permit procedure.
An owner shall submit an application to the Administrative Officer for a zoning permit for a small wind or solar energy system. The Administrative Officer shall submit a copy of the application to the Township Engineer for review and recommendation.
The Administrative Officer shall issue a permit or deny the application within 10 days, as consistent with the Municipal Land Use Law, of the date on which the application is received.
If the application is approved, the Administrative Officer will return one signed copy of the application with the zoning permit and retain the other copy with the application.
If the application is rejected, the Administrative Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrative Officer's decision pursuant to the appropriate appeals authority. The applicant may reapply if the deficiencies specified by the Administrative Officer are resolved.
§ 335-49.2 Wireless communication equipment.
[Added 4-10-2014 by Ord. No. 2014-08]
Definitions. The following definitions shall govern this section:
Any personal wireless service as defined in the Federal Communication Act of 1996 (FCA), that is, FCC-licensed commercial wireless communication services, including cellular, PCS, SMR, ESMR, paging and similar services that currently exist or that may in the future be developed. Wireless communications does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include nonwireless telephone services.
Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined herein. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
An area enclosed by walls or fencing within which a wireless communication tower and associated equipment are housed and maintained preventing access to all equipment by the general public.
A freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, cupolas or water tanks.
Use requirements.
Wireless communication equipment shall be a permitted principal or second principal (on a permitted accessory) use on a publicly owned, leased or otherwise controlled properties that can provide a five-hundred-foot buffer between the wireless communication equipment and any adjacent or nearby residential property. Publicly owned lands include those lands owned, leased or otherwise controlled by the municipality, the Board of Education, the county, the state, a public utility authority and other such public authorities. Notwithstanding the foregoing or anything in this section to the contrary, within the Pinelands Area, wireless communication equipment on such lands shall be permitted as a principal use only in accordance with N.J.A.C. 7:50-5.4(c) and a comprehensive plan for such facilities approved pursuant thereto by the Pinelands Commission.
Wireless communication antennas installed on or within existing structures (and utilizing fully screened antennas installed on top of or exterior to existing structures) shall be a permitted accessory use in the M-1, M-2, M-6 and M-100 Zones on properties which are developed for business park and industrial uses. "Fully screened" shall mean architectural treatment such as parapets, screening panels, faux cornice lines, etc., to fully screen the antennas.
Wireless communication towers shall be a permitted accessory use in the M-1, M-2, M-6 and M-100 Zones.
Monopoles required.
Outside of the Pinelands Area, the use of lattice or guyed towers for wireless communication towers shall be prohibited. Towers shall be of monopole design. Lattice towers shall be permitted only at the request of the Township of Lacey Police Department, Fire Department or Emergency Medical Service for the provision of additional communications equipment.
Within the Pinelands Area, towers shall be of monopole design unless the applicant can demonstrate that a different type of facility is necessary for the co-location of additional antennas on the tower or a different type of facility is required by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6. All towers shall be designed so that their height may be increased to 200 feet if necessary to accommodate the needs of other carriers in the future.
No more than one wireless communication tower shall be located on any one property, regardless of zone or ownership.
Visual compatibility requirements. Wireless communication antennas on existing structures or buildings and wireless communication towers shall be designed, located and screened so as to blend with and into the existing natural or built around surroundings so as to eliminate, to the maximum extent practicable, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other means.
Permitted tower designs include flagpoles with internal mount antennas, monopoles with internal mount antennas color-matched to surroundings, flush-mounted antennas color-matched to surroundings, cluster-mounted antennas on armatures of less than eight feet color-matched to surroundings, artificial trees, church steeples and clock towers with internal antenna mounts and other similar constructions.
Permitted antenna designs on existing structures include flush-mounted, pole-mounted or sled-mounted antennas that are fully screened by architectural treatments, such as parapets, screening panels, faux cornice lines, etc.
Site design standards. The following site design standards shall apply to wireless telecommunications facilities:
New towers.
Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with an appropriate anticlimbing measure.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip of at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
Aesthetics. Towers and antennas shall meet the following requirements:
Towers 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.
At a tower 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.
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:
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; and
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 toward adjacent and nearby properties.
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, which may be attached to a fence or building structure and shall not be larger than 18 inches by 18 inches.
Maximum height. In the Pinelands Area, a maximum of 200 feet shall be permitted.
Antennas mounted on existing structures or rooftops.
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:
Side- and roof-mounted personal wireless service facilities 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.
The antenna complies with applicable FCC and FAA regulations.
The antenna complies with all applicable building codes:
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 building, structures or cabinets shall comply with all applicable building codes.
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.
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 that such co-location is accomplished in a manner consistent with the following:
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.
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this chapter.
On-site location. A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location. In the Pinelands Area, such relocation shall be permitted only if the standards set forth in Chapter 335, Article IV, § 335-37.1, are met. After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
The Planning Board shall have the discretion to grant waivers from any of the design standards set forth in this section.
Site plan submission requirements. In addition to the site plan submission requirements and other applicable requirements of this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
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 Township of Lacey at the time full service is provided by the applicant throughout the Township, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Township, 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 Township of Lacey. The comprehensive service plan shall indicate the following:
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township of Lacey.
How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township of Lacey.
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township of Lacey by both the applicant and by other providers of telecommunications services within the Township of Lacey.
How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.
How the proposed location of the antennas relates to the overall objective of providing full communications services within the Township of Lacey while, at the same time, limiting the number of towers to the fewest possible.
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 chapter.
Legal description of the entire tract and leased parcel (if applicable).
The setback distance between the proposed tower and nearest residential unit and residentially zoned properties.
The separation distance from other towers and antennas.
A landscape plan showing specific landscape materials, including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
Method of fencing and finished color and, if applicable, the method of camouflage.
A description of compliance with all applicable federal, state or local laws.
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
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 Township.
The letter of commitment to lease excess space or other potential users at prevailing market rates and conditions. The letter of commitment shall be in a 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.
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.
For applications in the Pinelands Area, the following additional information shall also be submitted:
Additional standards.
No signs shall be permitted except for emergency contact information, safety warnings, and safety instructions.
No lighting is permitted except for tower lighting as required by federal or state regulations or lighting that is interior to the communication equipment compound mounted at a height beneath the top of the compound fence.
Wireless communication antennas and towers shall be maintained to assure their continued structural integrity.
All wireless communication towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.
Wireless communication compound and equipment shall be operated so as not to produce noise in excess of the limits set by federal regulation, state regulation, or Township ordinance.
Every modification to a wireless communications tower or antennas shall be subject to site plan review and approval. A modification is an increase in the number or size of wireless communication antennas or an alteration in the placement of wireless communication antennas in such a manner as to increase their visibility in any way.
Monitoring and maintenance.
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 buildings 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 chapter.
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.
Abandonment or discontinuance of use.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Township 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.
If tower lighting was required by the FAA, the tower owner shall be responsible for all violations and fines associated with its operation.
Upon abandonment or discontinuation of use, at the option of the Township, 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:
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
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.
If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township 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 the Township must remove the facility.
§ 335-49.3 Rights-of-way for 5G telecommunications.
[Added 10-8-2020 by Ord. No. 2020-22]
Purpose. The purpose of this section is to:
Provide for reasonable regulations concerning the placement of small-cell wireless facilities within the Township, consistent with state and federal law through the implementation of a right-of-way approval and permitting procedure.
Set forth clear standards in relation to the siting of poles, cabinets and antennas for the benefit of its citizens and any utilities which use or will seek to make use of said municipal rights-of-way.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A small box-like or rectangular structure located within the municipal right-of-way used to facilitate utility or wireless service.
The part of the electric system, after the transmission system, that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is touching the ground.
An agreement between the carrier and the Township, pursuant to the M-ROW agreement between the applicant and the Township, that sets forth the terms and conditions by which a single small cell location may be installed and maintained.
An agreement, approved by the Township Planning Board and Committee, that sets forth the terms and conditions for use of the municipal right-of-way by a wireless carrier and which may include, but is not limited to, municipal franchise agreements. The M-ROW agreement will incorporate by reference or directly include the approved comprehensive deployment plan of proposed small cell locations throughout the Township.
The surface of, and the space above or below, any public street, road, lane, path, public way or place, sidewalk, alley, parkway, drive, and the like, held by the Township as an easement or in fee simple ownership. This term also includes any other area that is determined by the Township to be a right-of-way in which the Township may allow the installation of poles, cabinets and antennas, as well as rights-of-way held by the County of Ocean where the Township's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded support structure constructed of wood or metal located in the municipal right-of-way.
A device that is attached to a pole and used to transmit radio or microwave signals and shall include, but not be limited to, small cell equipment and transmission media such as femtocells, microcells, and outside distributed antenna systems, or DAS systems.
A cabinet that is proposed to be placed on an existing pole or proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
The cost of processing an application for a comprehensive deployment plan, M-ROW agreement, an S-ROW agreement, as the terms are defined, or any other approval or permit that may be reasonably required to safeguard the Township and memorialize the relationship between the applicant and the Township. Such costs may include, but not be limited to, all professional fees such as engineer and attorney costs, as well as expert consultation.
Wireless facilities and transmission media, including femtocells, picocells and microcells, outside distributed antenna systems, including antennas, cabling, cabinets and any other associated components.
Any structure or device used for the purpose of providing, supporting, enabling or otherwise facilitating telecommunications, including but not limited to small cell equipment.
Existing poles within the same right-of-way which are located within 500 feet of the proposed pole.
The governing body of the Township of Lacey.
The zones designated as nonresidential within the Township of Lacey, Chapter 335, zoning regulations.
The zones designated as residential within the Township of Lacey, Chapter 335, zoning regulations.
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone or cable service, but expressly excludes wireless service, which is not a regulated utility, and service providers are private companies.
Master right-of-way agreement ("M-ROW agreement").
No person shall operate or place any type of small cell, small cell equipment, pole-mounted antenna or cabinet or new pole or ground-level cabinet within the municipal right-of-way in any zoning district in the Township without first submitting and receiving approval for a comprehensive deployment plan and then entering into a master right-of-way agreement (hereinafter referred to as an "M-ROW agreement'") with the Township pursuant to the provisions of this section.
The terms of said M-ROW agreement shall include:
A term not to exceed 15 years;
Suitable insurance requirements;
A description of fines and penalties for unauthorized installations, upgrades and enhancements;
A reference to the siting and approval standards set forth in this section; and
Representation by the applicant that the proposed siting and deployment of small cells will comply with applicable FCC, FAA, OSHA, traffic, utility, land use, and other applicable local, state and federal laws and regulations.
Any other items which may be reasonably required.
Fees, franchises, rents, leases, reasonable and actual expenses and any other monies due to the Township by the applicant.
Said monies will include fees due to the Township for use of the right-of-way.
Said monies will also include specific additional fees due to the Township for use of poles and structures in the public right-of-way which are also owned by the Township, as described in § 335-49.3I.
Said monies may be further detailed in the individual S-ROW agreements for each specific location.
An M-ROW agreement will incorporate by reference or actual inclusion the approved comprehensive deployment plan of the applicant, reflecting the intended location of all proposed small cell nodes in the right-of-way.
Comprehensive deployment plan.
The comprehensive deployment plan submitted by the applicant shall include the following:
A narrative explanation of how the applicant proposes to provide full 5G service throughout the Township.
Indication of how the applicant's plan is coordinated, if at all, with the needs of other providers of telecommunications services within the Township of Lacey.
Explanation of how the proposed locations of the antennas will provide full 5G communications services within the Township of Lacey while, at the same time, limiting the number of small cells to the fewest possible, as technically feasible by said applicant's signal propagation and other applicable network and technological limitations of the higher frequencies proposed for utilization by 5G technology.
A two-dimensional map reflecting the proposed small cell locations in the Township, including, at minimum, geographic coordinates and the street name associated with each location. An Excel spreadsheet containing said location information, in a format exportable to a GIS application framework, will be an acceptable alternative.
For each proposed small cell location, the plan shall consider the following ownership scenarios. This list reflects a comprehensive but by no means exhaustive list of combinations of ownership and management of rights-of-way and mounting structures, as well as reference to additional locations outside of the right-of-way which may not be subject to further approvals or agreements, other than zoning and construction permitting requirements, as applicable, but which shall be noted on the plan:
Municipal road, municipal pole (e.g., traffic signal pole).
Municipal road, utility company pole.
Municipal road, privately owned pole or structure.
County road, municipal pole (e.g., traffic signal pole).
County road, utility company pole.
County road, privately owned pole or structure.
State highway, municipal pole (e.g., traffic signal pole).
State highway, utility company pole.
State highway, privately owned pole or structure.
The following are additional locations outside of the right-of-way. These locations may or may not be subject to further approvals or agreements, per the terms of this section, other than zoning and construction permitting requirements, as applicable, but shall be noted on the comprehensive deployment plan when applicable:
Private property, municipal pole or structure.
Private property, utility company pole.
Private property, privately owned pole or structure.
Municipal property, not roads (e.g., public park), municipal pole or structure.
Municipal property, not roads (e.g., public park), utility company pole.
Municipal property, not roads (e.g., public park), privately owned pole or structure.
State- and county-owned property, with poles and structures owned by said county, state, or privately held or by the municipality
Preliminary demonstration that the proposed small cell locations comply with applicable federal laws and FCC regulations concerning the propagation of radio frequency radiation.
Preliminary demonstration that the proposed small cell locations will comply with applicable FAA regulations.
Due to the short distances traversed by 5G frequencies, the applicant need not consider antenna locations from neighboring municipalities when developing its comprehensive deployment plan for Lacey Township.
The comprehensive deployment plan shall be submitted to the Township Planning Board, Zoning Board, Construction Office, Township Engineer, Police Department, DPW and any other Township department, agency or individual holding a stake in the utilization of the municipal right-of-way. Said individuals, departments and agencies shall review and provide feedback, markup, concerns and questions.
Along with the submission, the comprehensive deployment plan shall include an application processing fee of $3,000. Due to the unique characteristics of small cell sites in the public right-of-way, and the multiple reviews necessary by various municipal departments and outside professionals, this fee is deemed a reasonable expense for the specialized expertise and consultation required to ensure the safe, consistent and orderly deployment of small cells throughout the Township.
The Township reserves the broad right to require that a survey completed by a New Jersey-licensed professional land surveyor be included in any comprehensive deployment plan or S-ROW agreement application. Additionally, a survey may be requested for one or more of the proposed small cell locations, at the Township's discretion, on a case-by-case basis. Any submission which does not include such a survey when requested shall be deemed incomplete.
Approval of the comprehensive deployment plan will be based on the following criteria:
No small cell shall be located within 200 feet of another site, in a residential zone, or within 100 feet of another site in a nonresidential zone, unless demonstrated by the applicant that closer spacing of small cell sites is necessary due to the technological and frequency propagation limits of 5G.
Existing utility poles, traffic lights and other ROW structures will be utilized when possible, provided use of same does not pose an obstruction or hazard to vehicular or pedestrian traffic. For all proposed new poles, the applicant will demonstrate that existing poles and other structures in the right-of-way do not adequately meet the applicant's technical and engineering criteria.
For poles that are not owned by the municipality, the applicant will provide evidence of approval by the utility company or other entity owning such poles. Such evidence may include a memorandum of understanding or a fully executed structure-attachment agreement with said utility company, or other rightful owner.
The plan shall demonstrate conformity with Chapter 293, Streets and Sidewalks, of the General Legislation of the Township.
The plan shall demonstrate compliance with the Chapter 335 zoning provisions, as such provisions are applicable to the public right-of-way.
The plan shall demonstrate that no proposed small cell within the plan will cause a sight triangle obstruction or other safety obstruction to the free flow of vehicular and pedestrian traffic.
When technically feasible, the proposed small cells will be similar in color and design as the existing utility pole.
Individual site right-of-way agreements ("S-ROW agreements").
No small cell, small cell equipment, pole, antenna or cabinet shall be installed within the municipal right-of-way without the issuance of an S-ROW agreement.
An individual S-ROW agreement will be issued for each proposed small cell location.
Each S-ROW agreement location will correspond to a location specified in the approved comprehensive deployment plan and M-ROW agreement.
The total number of S-ROW agreements for each applicant shall not exceed the total number of approved locations in the comprehensive deployment plan.
Each S-ROW agreement will include a health and safety report provided by the applicant confirming the following:
Compliance with applicable FCC regulations concerning the propagation of radio frequency radiation.
Compliance with applicable FAA regulations.
Compliance with applicable local, state and federal traffic and street and sidewalk regulations.
At the discretion of the Township, a master report containing the required health and safety information for all proposed small cell sites may be submitted along with the comprehensive deployment plan, obviating the necessity for a report for each individual small cell location.
Each S-ROW agreement will include as exhibits evidence of adequate insurance and proper tower climbing and other required industry certifications.
Siting standards for small cells, small cell equipment, poles, antennas and cabinets in the right-of-way. The following standards shall be used when developing the comprehensive deployment plan, for each S-ROW agreement as well as for the actual physical installation, upgrade and maintenance of small cell sites and equipment in the Township.
Pole siting standards. New poles shall conform to the following siting standards:
Height. No proposed pole shall be taller than 50 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher.
Distance from curbline. No proposed pole shall be farther than 18 inches from the curbline.
Location, safety and aesthetics. No proposed pole shall be erected in the right-of-way unless it:
Replaces an existing pole; or
Is approved pursuant to an S-ROW agreement, other land development application by either the Zoning Board of Adjustment or Planning Board or pursuant to a land use application acceptable to the Township; or
Located on the opposite side of the street from the electric distribution system; and
For sites in residential zones, a minimum of 200 linear feet from any other existing pole or proposed pole along the same side of the street, or for sites in nonresidential zones, a minimum of 100 linear feet from any other existing pole or proposed pole along the same side of the street; and
Does not inhibit any existing sight triangles or sight distances; and
Allows adequate room for the public to pass and repass across, along and through the right-of-way; and
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.
Ground-level cabinet siting standards. Ground-level cabinets shall conform to the following siting standards:
Ground-level cabinets are prohibited in the municipal right-of-way in residential zones and any future residential zones.
Ground-level cabinets are permitted in nonresidential zones, provided that such ground-level cabinet:
Is less than 28 cubic feet in volume; and
Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
Does not inhibit any existing sight triangles or sight distance; and
Allows adequate room for the public to pass and repass across, along and through the municipal right-of-way.
Pole-mounted antenna and pole-mounted cabinet siting standards.
Pole-mounted antennas are permitted on existing poles, provided that each pole-mounted antenna:
Does not exceed three cubic feet in volume; and
Is finished and/or painted and/or otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
Does not inhibit any sight triangles or sight distance; and
Allows adequate room for the public to pass and repass across, along and through the municipal right-of-way.
Pole-mounted cabinets are permitted on existing poles in all residential zones and nonresidential zones, provided that each pole-mounted cabinet:
Does not exceed 16 cubic feet; and
Is finished and/or painted and/or otherwise camouflaged. in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
Does not inhibit any sight triangles or sight distance; and
Allows adequate room for the public to pass and repass across the municipal right-of-way.
The Township may also require that an applicant provide a certification from a licensed professional engineer attesting to the structural integrity of any small cell, small cell equipment, pole-mounted antenna or pole-mounted cabinet.
Waiver. The Township Committee may waive any siting standard set forth in this § 335-49.3F where the applicant demonstrates that the strict enforcement of said standard:
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. 253(a); or
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
Will violate any requirement set forth in the FCC Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment,'' WC Docket No. 17-84; or
Will prohibit, or have the effect of prohibiting, the ability of an entity to provide utility service to any prospective customer within the Township.
Additional provisions for new poles and ground-level cabinets.
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review applications for comprehensive deployment plans, S-ROW agreements and any other applications that involve the placement of new poles and ground-level cabinets within the municipal right-of-way and advise the Township Committee of its recommendation to approve or disapprove same.
The Planning Board and Township Committee may engage the services of expert consultants and advisors to issue guidance and recommend courses of action, but the final decision to approve or deny any request, and execute any M-ROW agreement, S-ROW agreement or other approval or permit, lies solely with the Planning Board, Committee and any applicable Township agency or department with the authority to approve same.
If the Planning Board recommends the disapproval of an application for small cell equipment in the municipal right-of-way, including new poles and new ground-level cabinets, it shall set forth the factual basis for such a disapproval in writing.
Additional provisions for pole-mounted antenna and pole-mounted cabinets.
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review applications for comprehensive deployment plans, S-ROW agreements and any other applications that involve the placement of new poles and ground-level cabinets within the municipal right-of-way and advise the Township Committee of its recommendation to approve or disapprove same.
The Planning Board and Township Committee may engage the services of expert consultants and advisors to issue guidance and recommend courses of action, but the final decision to approve or deny any request, and execute any M-ROW agreement, S-ROW agreement or issue any other approval or permit, lies solely with the Planning Board, Committee and any applicable Township agency or department with the authority to approve same.
If the Planning Board recommends the disapproval of an application for small cell equipment, including pole-mounted antennas and pole-mounted cabinets, in the municipal right-of-way, it shall set forth the factual basis for such a disapproval in writing.
S-ROW use and agreement fees, and escrow deposits towards reasonable, actual municipal expenses.
S-ROW agreement and permit fees and charges.
Application and permit fees.
Each additional S-ROW agreement application beyond the first 10 shall require the same fees as set forth above in § 335-49.3I(1)(a)[1].
Construction permit review fee. Each construction permit application shall include a review fee per individual small cell installation, upgrade or removal in accordance with Lacey Township Municipal Code Ordinance § 159-4.
The above fees are deemed reasonable expenses due to the unique characteristics of small cell sites in the public right-of-way and the need for specialized expertise and consultation to ensure the safe, consistent and orderly deployment of same throughout the Township.
Right-of-way use fee.
In exchange for the privilege of nonexclusive occupancy of the right-of-way, the successful applicant shall pay to the municipality an annual fee of $500 for the use of each pole in the right-of-way, and $100 per month for each municipally owned pole, structure or facility on which its equipment is deployed.
These fees shall be specified in the M-ROW agreement between the applicant and the Township.
The initial fee shall be due and payable within 30 days of actual installation of equipment, and on the anniversary date of the installation each year thereafter. Commencing on the fifth anniversary thereafter, the right-of-way use fee shall be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics consumer price index which occurred during the previous five-year period for the New York-Northern New Jersey-Long Island, NY-NJ-PA metropolitan statistical area (MSA).
Escrow deposits toward anticipated and actual municipal expenses.
Escrow for application review services.
An escrow shall be posted to cover the anticipated municipal expenses associated with the review, revisions to, execution of and issuance of an M-ROW agreement, S-ROW agreement and any other land use, construction or municipal permit or approval required in conjunction with the deployment of small cells by the applicant throughout the Township.
Said expenses to fees due to expert consultants, as well as additional expenses incurred by the Planning Board and Township Committee.
The Township Engineer shall set the escrow amount with the minimum amount set at $1,000.
If the deposit balance contains insufficient funds to enable the municipality to perform its review and due diligence, the applicant will be notified of the insufficient balance. The applicant shall, within 10 days of said notification, post a deposit to the account in an amount to be mutually agreed upon.
The Township shall, upon request by the applicant and after a final decision has been made regarding a pending M-ROW agreement or S-ROW agreement application, refund any unused balance from the applicant's escrow deposit account. The applicant shall maintain a minimum escrow account balance of $1,000.
Escrow for small cell construction management and oversight services.
The Township may require a separate escrow, at the Township's sole discretion, on a case-by-case basis, be posted to cover the cost to the Township of managing, overseeing and inspecting small cell installations throughout the Township, pursuant to the approved comprehensive deployment plan.
The expenses covered by this separate escrow may include, but are not limited to, reimbursement costs associated with street closures, lane closures, police presence, Department of Public Works personnel, health and safety oversight and other services which may be necessitated from time to time by the nature of small cell installation and upgrade within the right-of-way, which the Township has a duty and obligation to safeguard and maintain.
Said reimbursement costs may be due to services provided by the Township or to outside companies or agencies performing the required oversight and management services, as applicable.
Reimbursement for police to regulate traffic for the construction, repair and maintenance of small cell facilities shall be pursuant to the Township reimbursement schedule.
The Township shall set this separate escrow amount with the minimum amount set at $1,000.
Provisions governing these escrows and their disbursement, along with the actual and anticipated municipal expenses, shall be covered in additional detail in the M-ROW agreement.
Application to utilities regulated by the Board of Public Utilities, other entities. Notwithstanding any franchise or right-of-way agreement to the contrary, all facilities proposed to be placed within the municipal right-of-way by a utility regulated by the Board of Public Utilities and all other entities lawfully within the municipal right-of-way shall be subject to the standards and procedures set forth in this section.
Pinelands Area.
Notwithstanding the foregoing or anything in this section to the contrary, within the Pinelands Area, small cell sites on such lands shall be permitted only in accordance with N.J.A.C. 7:50-5.4(c) and a comprehensive plan for such facilities approved pursuant thereto by the Pinelands Commission.
Any requirements imposed by the Pinelands Commission will be in addition to and will supplement the requirements of this section.
FCC shot clock rule. All applications made under this section shall comply with the shot clocks set forth in the FCC Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WC Docket No. 17-84.
Miscellaneous provisions.
The execution of an M-ROW agreement by the applicant and the Township shall grant the Township's consent to the carrier to utilize the public rights-of-way pursuant to N.J.S.A. 48-19 and N.J.S.A. 27:16-6 and shall control the installation, maintenance, and removal of the facilities.
This section applies to all facilities, as defined, within public rights-of-way, except as otherwise provided in any existing franchise, license or similar agreement.
Each carrier will ensure the right-of-way remains free and unobstructed except to the extent permitted by its small cell location approvals, the M-ROW agreement, S-ROW agreement and otherwise.
Any approval received pursuant to this section shall not relieve the applicant from receiving consent from the owner of the land above or on which the applicant's facility may be located as may be required under New Jersey law.
In addition to receiving approval via an approved comprehensive deployment plan, M-ROW agreement and S-ROW agreement, the applicant must also receive all necessary road opening permits, construction permits, and other requirements set forth in Lacey's municipal code and applicable state statutes.
Lacey's consent for the use of county roads, as required pursuant to N.J.S.A. 27:16-6, shall take the form of an agreement subject to the standards and application process set forth in this section, except that, for such locations, the applicant shall not be required to enter into an individual S-ROW agreement right-of-way agreement with the municipality. Notwithstanding, the applicant will include said location in the comprehensive deployment plan.
Generally, the applicant will take care to ensure that the temporary obstruction to the right-of-way and surrounding properties caused by the installation or upgrade of small cells will be conducted so as to minimize the inconvenience caused to municipal employees as well as pedestrians, vehicular traffic and the surrounding businesses and residences.
The provisions of this section shall supersede and replace provisions contained in Resolution 2017-213 concerning the installation of utility poles in the public right-of-way by wireless service providers, Verizon Wireless, in particular. Said resolution does not adequately address the breadth and scope of anticipated small cell deployment across the Township.