Linden City Zoning Code
§ 31-50.2.2
Permitted Communications Facility Uses/Administrative Review; Application.
[Added 6-15-2021 by Ord. No. 65-25]
a.
Permitted Use. The following uses within the public ROW shall be a permitted use, subject to the entering into of a Municipal Agreement between applicant and City as set forth in § 31-50.2.1c above, and Administrative Review and the issuance of a permit as set forth in this § 31-50.2.2. All such uses shall be in accordance with all other applicable provisions of this Chapter, including without limitation, those set forth in § 31-50.2.5 below.
1.
Collocation of a Small Wireless Facility or a collocation that qualifies as an Eligible Facilities Request.
2.
Modification of a pole, tower or support structure or replacement of a pole, for collocation of a Communications Facility that qualifies as an Eligible Facilities Request or involves a Small Wireless Facility that does not exceed the maximum limitations set forth in § 31-50.2.3.
3.
Construction of a new pole or a monopole tower (but no other type of tower) to be used for collocation of a Small Wireless Facility that does not exceed the maximum height and other applicable design standards set forth in this section.
4.
Construction of a Communications Facility, other than those set forth in paragraphs 1, 2 or 3, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or aboveground between two or more poles or a pole and a tower and/or support structure, and related equipment and appurtenances.
5.
The City reserves and retains the right to subject any installation or modification contemplated in this section as well as in this section to Discretionary Approval, subject to the sixty- and ninety-day Shot Clock guidelines of FCC-18-133A. This may include public hearings and zoning board of adjustment approval. The Shot Clock guidelines will be adhered to for Discretionary Approvals unless compelling and extraordinary circumstances suggest otherwise.
b.
Permit Required. No Person shall place any facility described in § 31-50.2.2a above in the public ROW without first filing an application for same and obtaining a permit thereof, except as otherwise expressly provided in this section.
c.
Proprietary or Confidential Information in Application. The City shall make accepted Applications publicly available. Notwithstanding the foregoing, applicant may designate portions of its Application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the City shall treat the information as proprietary and confidential, subject to applicable State and local "freedom of information" or "sunshine" Laws and the City's determination that the Applicant's request for confidential or proprietary treatment of an Application material is reasonable. Confidential and proprietary information shall not include any information which is by law, regulation, ordinance or this section, open and available for public inspection, including proposed Communications Facilities site location.
d.
Administrative Review Application Requirements. The application shall be made by the applicable provider or its duly authorized representative and shall contain the following:
1.
The applicant's name, address, telephone number, and e-mail address, including emergency contact information for the applicant.
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 work and the purposes and intent of the proposed facility or facilities. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed.
4.
Detailed construction drawings regarding the proposed facility, as further specified in codebook Chapter 31, Zoning, and the Uniform Construction Code of the State of New Jersey.
5.
Demonstration of compliance with RF health and safety measures, as established by the TCA and FCC, via an RF Health and Safety Report. Applicant may utilize the RF Safety Reports provided in connection with the Municipal Agreement, as described in § 31-50.2.1d4, for its applications for Administrative Review and permit issuance.
6.
Applicant shall demonstrate compliance with the § 31-50.2.8, Design Standards, as they pertain to appearance, siting and height of the proposed Communications Facilities and their support poles, towers or other structures.
7.
To the extent the proposed facility involves collocation on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.
8.
Applicant shall demonstrate compliance with applicable environmental, historical and landmark laws, rules and regulations, including SHPO and NEPA approval, as needed or applicable, including obtaining any necessary permits and approvals from the appropriate local, state or federal department, agency or other governing body.
e.
Ordinary maintenance, repair and replacement. Ordinary maintenance and repairs shall be subject to the provisions of § 31-50.2.1b and c, including notification to Hoplite of any proposed work, repairs, replacement and modification. This will include coordination with the City DPW and Police Department for necessary street closures and safety protocols, as well as the payment of any required fees required under § 31-50.2.1a above.
f.
Information updates. Any material change to information contained in an application shall be submitted in writing to the City within 30 days after the change necessitating the change.
g.
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this section shall be accompanied by the fees required under § 31-50.2.1a above.