Beach Haven

Beach Haven BOROUGH OF BEACH HAVEN COUNTY OF OCEAN LEGAL NOTICE OF PUBLIC HEARING ON ORDINANCE ADOPTION PLEASE TAKE NOTICE that at its meeting on September 25, 2025, the governing body introduced and approved on first reading Ordinance #2025-21C entitled: AN ORDINANCE REPEALING AND REPLACING CHAPTER 212-28.1, "PLACEMENT OF SMALL CELL EQUIPMENT AND TELECOMMUNICATIONS FACILITIES" This ordinance would replace Section 212-28.1, "Placement of Small Cell Equipment and Telecommunications Facilities," to regulate the placement, construction, and maintenance of telecommunications facilities, including small cell equipment and wireless poles, within the Borough's rights of way. The purpose is to manage the use of public rights-of-way, ensure compliance with local regulations, and protect public health, safety, and welfare. In summary, the Ordinance: Requires any telecommunications carrier wishing to install, operate, or co-locate a small cell facility to first obtain a Right-of-Way License and execute an Agreement with the Borough, with a term not to exceed ten (10) years. Establishes that the placement of wireless poles and small cell facilities is a conditional use in all zoning districts, but expressly prohibits them within the Borough's Historic District. Sets detailed application requirements, review procedures, and timeframes for the governing body to approve or deny applications (90 days for new facilities, 60 days for co-locations) along with Borough Engineer review. Requires an application fee of $1,000 for new wireless poles or $500 for co-locating on existing structures, an initial professional review escrow of $2,500, and an annual Right-of-Way (ROW) occupancy fee of $270 per facility. Prioritizes the co-location of equipment on existing utility poles over the construction of new poles. Limits the height of any new or replacement wireless pole, including all equipment, to 40 feet. Requires that new wireless poles be placed no less than 300 feet from any other pole supporting a wireless facility, though the governing body may relax this to 200 feet at its discretion. Requires applicants to provide proof of general liability insurance of at least $2,000,000 per claim and $3,000,000 aggregate, naming the Borough as an additional insured. Requires applicants to execute an agreement to indemnify and hold the Borough harmless. Mandates that facilities comply with all applicable safety and aesthetic codes, including standards for wind, noise, radio frequency emissions, and color/finish to ensure they blend with the surrounding streetscape. Prohibits ground-level equipment cabinets. A full copy of the ordinance is available from the Borough Clerk, Sherry Mason, at smason@beachhaven-nj.gov or at www.beachhaven-nj.gov/government/introduced-ordinances/. THE GOVERNING BODY WILL HEAR PUBLIC COMMENT AND CONSIDER ORDINANCE #2025-21C FOR FINAL ADOPTION AT ITS MEETING TO BE HELD ON OCTOBER 14, 2025, AT 6:00 PM AT BOROUGH HALL, LOCATED AT 300 ENGLESIDE AVE, BEACH HAVEN, NEW JERSEY 08008. October 2 2025 LNYS0379125 $43.71