POINT PLEASANT BEACH — The council adopted an ordinance on Tuesday regarding small wireless facilities, replacing a 2021 ordinance, which borough officials claimed made it too easy for small-cell constructors to erect telecom poles to be used for 5G radiofrequency.
The new ordinance, like the 2021 one, regulates the placement and maintenance of small wireless facilities within public rights-of-way, outlining the application process for obtaining permits and setting standards for siting poles, antennas and cabinets intended to house 5G cell equipment.
However, the previous ordinance did not specify a maximum height for the poles. According to the portion of the new ordinance’s text regarding the siting of poles, “No pole shall be taller than 35 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher…No pole shall be farther than 18 inches from the curb line.” The new ordinance also sets forth more definitions of terms than the original.
Additionally, says the ordinance, “No pole shall be erected in the municipal right-of-way unless it
meets one of the following three options: (it) is replacing an existing pole, and the borough has been notified of said replacement; (it) is approved pursuant to a land development application by the Borough’s Land Use Board…or (it) is located on the opposite side of the street from a part of the electrical distribution system; is 500 linear feet from any other existing pole or proposed pole along the same side of the street; is not located in an area with underground utilities; does not inhibit any existing sight triangles; allows adequate room for the public to pass…and (complies) with design standards established by resolution of the governing body.”
Ordinance 2024-17 does not affect the five currently standing small-cell poles. There is currently no 5G cellular equipment installed at these five sites.
Also, unlike its predecessor, the newly adopted ordinance includes provisions for penalties for non-compliance. These penalties include a fine between $100 and $1,000, imprisonment up to 90 days, community service up to 90 days or any combination of the three.
The ordinance was adopted in a 4-0-1 vote. However, despite the unified council vote, several residents raised concerns about the ordinance possibly not going far enough to effect a reversal of the five current poles, as well as not regulating siting criteria strictly enough.
“At that public meeting, where so many people came out against the placement of 74 poles, there was complete and utter unity, both with the community and with the seven of you, that we were going to fight this,” said resident Rob Moreau. The “74 poles” refer to the 74 sites designated as possible spots for future 5G pole construction. “It seems that in the intervening time, where the mayor said, ‘you get rid of those poles,’ now it’s ‘well, hopefully we’ll get these poles taken out.’”
He went on to cite the federal Telecommunications Act of 1996, which was intended to bolster competition among telecom companies in the wake of large-scale adoption of the internet, as his opinion for what the legal basis of the borough’s argument should be.
“(The poles) are not inevitable,” Moreau said. “This town holds the absolute right – placement of siting – of these poles…We can’t just say ‘no,’ but we can say where…The law in 2024-17 is not the law; these are guidelines. These are time clocks…It goes back to the Telecommunications Act of 1996. You guys retain the right of siting.”
In response, Borough Attorney Michael L. Collins explained that Special Counsel Jean Cipriani drafted this version of a new small-cell ordinance with the intent to synthesize both the borough’s claim over 5G poles in the right-of-way, and federal regulations, which provide relatively little wiggle room for municipalities.
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