[Ord. No. 05-5 § 10]
The Planning Board or Zoning Board may retain technical consultants,
as it deems necessary, to provide assistance in the review of the
site plan application and site location alternatives and analysis
(if so applicable). The applicant (and/or carrier) shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with the Borough's escrow policies.
[Added 12-15-2020 by Ord.
No. 20-27]
This section is titled the "Telecommunications Facilities in
the Public Right-of-Way," and amends all applicable provisions of
the Borough of Fairview Revised General Ordinances, and any existing
local laws, rules, orders, resolutions and ordinances relating to
the subject matter of this section.
[Added 12-15-2020 by Ord.
No. 20-27]
a. It is the intent of this section of Chapter
27 of the Revised General Ordinances to regulate the placement of telecommunications equipment, including poles, towers, antennas and other infrastructure located on municipal rights-of-way. The placement of telecommunications equipment outside of the municipal right-of-way shall be governed by Chapter
27, Telecommunications Antennas and Towers.
b. It is furthermore intended that this section shall control in the
event of any inconsistency between the provisions of this section
and any existing agreements, licenses or franchises in existence and
which govern existing small wireless facilities in the municipal right-of-way,
and that the prevailing terms of this section shall supersede and
replace any conflicting terms in said agreements or licenses, and
shall govern all future relationships between the Borough and the
applicable parties in said licenses and agreements.
[Added 12-15-2020 by Ord.
No. 20-27]
As used in this section, the following terms shall have the
meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the Borough relating
to the review and issuance of a permit, including review by the designee,
a wireless consultant with knowledge beyond the expertise of Borough
personnel, as well as the Construction Official, Zoning Officer, Director
of Public Works, Engineer, or other Borough staff or designees to
determine whether the issuance of a permit is in conformity with the
applicable provisions of this section. Administrative permit issuance
is nondiscretionary and based on whether an application is in conformity
with the provisions of this section, as well as any other applicable
local, state and federal laws and regulations governing small cell
deployment. This process does not involve the exercise of discretion.
ANTENNA
Communications equipment that transmits and/or receives over-the-air
electromagnetic 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
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 Borough or otherwise
are applicable in the jurisdiction.
APPLICANT
A person or entity who submits an application under this
chapter.
APPLICATION
A written request submitted by an applicant to the Borough
for a permit to locate or collocate, or to modify, a communications
facility underground or on any existing support structure, pole, or
tower; or to construct, modify or replace a new support structure,
pole or tower or any other structure on which a communications facility
will be collocated.
BOROUGH
The Borough of Fairview, or any agency, department, district,
subdivision or any instrumentality thereof, including, but not limited
to, public utility districts, or municipal electric utilities. The
term shall not include courts of the state having jurisdiction over
the Borough or any entities that do not have zoning or permitting
authority or jurisdiction. The Borough may hereinafter be referred
to as the "Borough," "the Borough of Fairview," "Fairview" or "the
Borough."
BOROUGH POLE
A pole owned, managed or operated by or on behalf of the
Borough.
COLLOCATE
To install, mount, maintain, modify, operate and/or replace
a communications facility on an existing support structure, pole,
or tower or any other structure capable of supporting such communications
facility. "Collocation" has a corresponding meaning. The term does
not include the installation of a new utility pole, tower or support
structure in the public right-of-way.
COMMUNICATIONS FACILITY
a.
Collectively, the equipment at a fixed location or locations
that enables communication between user equipment and a communications
network, including:
1.
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and
2.
All other equipment associated with any of the foregoing.
b.
A communications facility does not include the pole, tower or
support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. § 522(5);
a provider of information service, as defined in 47 U.S.C. § 153(24);
or a provider of telecommunications service, as defined in 47 U.S.C.
§ 153(53); or provider of fixed wireless or other wireless
services as defined in 47 U.S.C. § 332(c)(7)(C)(i).
CONTRACT FOR PROFESSIONAL SERVICES
A contract through which the Borough has entered into an
arrangement with an individual, attorney consultant or firm for same
to provide professional consulting services pursuant to this section,
said contract being in conformance with New Jersey Public Contracts
Law, pay-to-play laws and other applicable laws governing such contracts
and agreements.
DECORATIVE POLE
A Borough pole that is specially designed and placed for
aesthetic purposes.
DEPLOYABLE
A portable, self-contained wireless facility that can be
moved to a specified location or area and provide wireless services
on a temporary or emergency basis such as a "cell on wheels" or "COW,"
"cell on light truck" or "COLT," tethered balloon, tethered drone
or other unmanned device.
DESIGNEE
Hoplite Communications, LLC, appointed by the Borough and
contracted for professional services to serve as the point-of-contact
and primary consultant and specialist for the Borough for all matters
concerning this section. Hoplite contact information: Office address:
Hoplite Communications, LLC, 197 Route 18, Suite 3000, East Brunswick,
NJ 08816; Phone: 732-207-3912; Email: Peter.lupo.hoplite@gmail.com.
DISCRETIONARY REVIEW
Review of an application by the Borough relating to the review
and issuance of a permit, that is other than an administrative review.
Discretionary review involves discretion on the part of the Borough
(subject to any applicable limits on such discretion) in determining
whether to issue a permit and may be subject to one or more public
hearings or meetings, including appearances before the Planning Board,
Zoning Board of Adjustment and referral to the Historic Preservation
Commission for commentary and recommendations.
FCC
The Federal Communications Commission of the United States.
FEE
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
HISTORIC PROPERTY
Any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National
Register maintained by the United States Secretary of the Interior
(in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic
Agreement codified at 47 CFR Part 1, Appendix C) or established pursuant
to state historic preservation law.
LAWS
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
OCCUPANT
Any occupant of the public right-of-way, including any wireless
provider, wireless infrastructure provider, utility company, or public
or private entity with a physical presence or right to maintain a
physical presence on, under or across the public right-of-way.
ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT
a.
With respect to a communications facility and/or the associated
support structure, pole or tower, inspections, testing, repair and
modifications that maintain functional capacity, aesthetic and structural
integrity; and
b.
With respect to a communications facility only, the replacement or upgrade of antennas and/or other components of the communications facility (specifically, such as a swap out or addition of small cell antennas and radio equipment as required by the applicant), with antennas and/or other components substantially similar, in color, aggregate size and other aesthetics to that previously permitted by the Borough (and/or consistent with the same height and volume limits for wireless facilities under this section), so long as the support structure, pole, or tower will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited by the structural load analysis supplied by the applicant to the Borough, and by the volume limits in Subsection
27-15.11, Design Standards. Modifications beyond the foregoing must be requested in writing by the applicant and are subject to discretionary review by the Borough.
PERMIT
A written authorization (in electronic or hard copy format)
required by the Borough to initiate, continue, or complete installation
of a communications facility, or an associated support structure,
pole, or tower.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Borough.
POLE
A pole, such as a utility, lighting, traffic, or similar
pole, made of wood, concrete, metal or other material, located or
to be located within the public right-of-way or utility easement.
The term includes the vertical support structure for traffic lights
but does not include a horizontal structure to which signal lights
or other traffic control devices are attached unless the Borough grants
a waiver for such pole. The term does not include electric transmission
poles or structures. A pole does not include a tower or support structure.
PROVIDER
A communications service provider or a wireless provider.
PUBLIC RIGHT-OF-WAY, PUBLIC ROW or MUNICIPAL ROW
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, but not including a federal interstate highway
or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
REPLACE or REPLACEMENT
In connection with an existing pole, support structure or
tower, or communications facility, as the case may be, to replace
(or the replacement of) same with a new structure, similar in design,
size and scale to the existing structure and in conformance with current
Borough building code, zoning provisions and other applicable regulations,
in order to address limitations of, or change requirements applicable
to, the existing structure to structurally support collocation of
a communications facility. In connection with replacement of a pole
or tower to support collocation of a wireless facility, similarity
in size and scale shall be evaluated consistent with 47 CFR 1.6100(b)(7).
SMALL WIRELESS FACILITY
a.
A wireless facility that meets both of the following qualifications:
1.
Each wireless provider's antenna (including, without limitation,
any strand-mounted antenna) could fit within an enclosure of no more
than three cubic feet in volume; and
2.
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume.
b.
The following types of associated, ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, grounding equipment,
power transfer switch, cutoff switch, and vertical cable runs for
connection of power and other services.
c.
The following additional parameters apply to small wireless
facilities: total height of small wireless facility and supporting
structure is less than 50 feet, or the small wireless facility is
mounted on structures no more than 10% taller than adjacent structures,
or the small wireless facility does not extend the existing structure
to a height of greater than 50 feet or by more than 10% of the original
height, whichever is greater.
STATE
The State of New Jersey.
SUPPORT STRUCTURE
A building, a billboard, a water tank or any other structure
to which a communications facility is or may be attached. "Support
structure" does not include a pole or a tower.
TOWER
Any structure built for the sole or primary purpose of supporting
a wireless facility, such as a self-supporting tower, a monopole,
a lattice tower or a guyed tower. "Tower" also includes a structure
designed to conceal from the general public the wireless facility.
A "tower" does not include a pole or a support structure.
UTILITY EASEMENT
The area on, below, or above privately owned property that
has been designated for use as or is used for a specific utility purpose
(such as for electric, cable or other utility purpose), and is evidenced
by a recorded instrument in the public land records pursuant to a
recorded plat, easement or right-of-way or is otherwise a legally
enforceable easement, and does not include any portion of a public
right-of-way.
WIRELESS FACILITY
a.
A communications facility installed and/or operated by a wireless
provider. The term does not include:
1.
The support structure, tower or pole on, under, or within which
the equipment is located or collocated; or
2.
Coaxial, fiber-optic or other cabling that is between communications
facilities or poles or that is otherwise not immediately adjacent
to or directly associated with a particular antenna.
b.
A small wireless facility is one example of a wireless facility.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs and/or operates wireless
facilities or poles, towers or support structures on which wireless
facilities are or are intended to be used for collocation, but that
is not a wireless services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any wireless services including, without limitation, "personal
wireless services" as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i),
fixed wireless and other wireless services.
[Added 12-15-2020 by Ord.
No. 20-27]
a. Applicability. Except as otherwise provided herein, the placement,
installation, modification, replacement, repair and upgrade of any
communications facilities, including small wireless facilities, as
well as the associated poles, towers or support structures, in the
public right-of-way shall be governed by this section.
b. Notice Prior to Any Non-Emergency Work.
1. The designee will serve as the initial point of contact for the Borough
for all matters pertaining to this section.
2. No action, application, installation, upgrade, maintenance, repair,
replacement or modifications by the applicant contemplated by this
section shall be commenced without first giving notice to the Borough
designee.
3. This notice requirement pertains to all work, including ordinary
maintenance, repairs, upgrades and like-for-like equipment swap outs.
c. [AT&T1] Municipal agreement. Prior to receiving a permit to install
a communications facility in the public ROW, each applicant shall
be required to enter into a municipal agreement (e.g., right-of-way
access agreement, pole attachment agreement, license agreement) between
the Borough and the applicant, on terms and conditions substantially
the same for all applicants and existing occupants of the public ROW.
The terms and conditions of such municipal agreement will include
the following:
1. Fees and Rates. As consideration to the Borough for entering into
the municipal agreement and also as a condition precedent for the
issuance of any required permits and approvals to install the applicable
communications facilities in the public right-of-way, the applicant
shall pay the required fees and rates as set forth in Schedule A of this section, and which may be amended or modified
from time to time per revision and modification to local, state and
federal laws and regulations. Said fees shall include application
or one-time fees and recurring right-of-way occupancy rates.
2. The small cell permit application escrow, as described in Schedule
A, shall be paid upon submission of an application and shall be held
in escrow and billed against actual incurred one-time fees and costs
to process an application, also as described below and in Schedule
A of this section. If said small cell permit application escrow is
insufficient to cover incurred one-time fees as described below and
in Schedule A, then the applicant shall submit an additional amount
equal to the initial small cell permit application escrow to be further
billed against incurred one-time fees and costs.
(a)
Reasonable Approximation. All one-time event fees will be a
reasonable approximation of objectively reasonable costs.
(b)
One-Time Fees Apply to All Work. One-time fees and event fees
apply to the initial installation of facilities as well as to any
subsequent upgrade, replacement, modification or alteration of same,
with each instance of an upgrade or repair being a separate project
subject to one-time fees. Maintenance and repair work on an existing
communications facility does not trigger any one-time fees.
(1)
[AT&T2] Annual ROW occupancy rate shall be as specified
in Schedule A of this section and shall be paid within 30 days of
the issuance of the applicable permit and annually thereafter, with
payment being due on the anniversary of the first payment date for
the balance of the term. However, under no circumstances shall the
rate be remitted later than 90 days after the full execution of the
applicable municipal agreement between Borough and applicant.
(2)
Annual attachment rate, equal to an amount that represents a reasonable approximation of the objectively reasonable costs incurred by the Borough for the attachment of each small wireless facility to Borough-owned structures in the public right-of-way. This amount shall be paid within 30 days of issuance of the applicable permit(s) and annually thereafter. The annual rates in Subsection
27-15.4c2(b)(1) and
(2) combined shall not exceed $270 annually per small wireless facility location [AT&T3].
(3)
All fees and rates will be applied in a nondiscriminatory manner
to all communications service providers [AT&T4].
(4)
Make-ready fee shall be determined on a site-specific, engineering basis, for work reasonably necessary to make a particular Borough pole suitable for attachment of the applicable communications facility, and shall be paid upon submission of the application as more particularly described in Subsection
27-15.6 below.
d. Other Terms.
1. Term. Unless otherwise agreed to in writing by the Borough and the
applicant, the agreement term shall be 10 years.
2. Safety and Accessibility. The applicant will demonstrate compliance
with applicable safety and accessibility requirements, including those
under Americans with Disabilities Act ("ADA"), OSHA and similar laws.
3. The municipal agreement shall include, as an appendix thereof, a
schedule containing the location of all proposed small wireless facilities
in the public right-of-way, which the Borough and the applicant may
update as necessary without the need for additional review. Said locations
shall be as specific as possible and shall include, but not be limited
to, latitude, longitude, the nearest proximate address, cross streets,
as well as lot and block numbers, if available. Applicants shall also
provide for inclusion in the municipal agreement information indicating
the horizontal and approximate vertical location, relative to the
boundaries of the public ROW, of all equipment which it owns or over
which it has control and which is located in any public right-of-way.
4. [AT&T5] Indemnification and Insurance Requirements.
(a)
Insurance. The applicant shall at all times maintain a commercial
general liability insurance policy with a single amount of at least
$1,000,000 per occurrence and in the aggregate covering liability
for any death, personal injury, property damage or other liability
arising out of the construction and operation contemplated herein,
and an excess liability policy (or "umbrella") policy in the amount
of $5,000,000 per occurrence and in the aggregate. The applicant may
use any combination of primary and excess insurance to meet the total
limits required. Such coverage shall be primary, noncontributory and
shall contain a waiver of subrogation. Evidence of same shall be provided
prior to the commencement of any work of any kind by the applicant.
Prior to the commencement of any work pursuant to this agreement,
the applicant shall file with the Borough a certificate(s) of insurance
with any required endorsements evidencing the coverage provided by
said liability and excess liability policies. The Borough shall notify
the applicant within 15 days after the receipt of any claim or demand
to the Borough, either by suit or otherwise, made against the Borough
on account of any of the applicant, or its subcontractors, agents,
employees, officers, servants, designees, guests and invitees, activities
pursuant to the rights granted in this agreement. The applicant shall
notify the Borough Clerk within 15 days of receipt of any claim or
demand of the applicant or its subcontractors, agents, employees,
officer, servants, designees, guests or invitees by any aggrieved
party for any work or action made pursuant to this section.
(b)
Indemnification. The applicant, its successors, assigns, contractors,
subcontractors, agents, servants, officers, employees, designees,
guests and invitees, hereby indemnify, defend and hold harmless the
Borough, its successors and assigns, elected officials, officers,
employees, servants, contractors, designees and invitees from and
against any and all personal injury and property damage claims, demands,
suits, actions at law or equity or otherwise, or related judgments,
arbitration determinations, damages, liabilities, decrees of any person(s)
or entities claiming to be or being harmed as a result of the applicant's
actions under this agreement and costs in connection therewith except
to the extent that such claims, demands, suits, or actions are the
result of the negligence or willful misconduct of the Borough, its
successors, assigns, elected officials, officers, employees, servants,
contractors, designees or invitees. This indemnification shall specifically
include, but not be limited to, any and all costs, reasonable attorneys'
fees, court costs and any other expenses that may be incurred by the
Borough in connection with any and all claims, demands, suits, actions
at law or equity or otherwise and/or arbitration proceedings which
may arise in connection with the applicant's activities pursuant
to the rights granted in this agreement. This indemnification shall
also specifically include that the Borough retains the right to choose
its own defense counsel in regard to any action at law or equity pursuant
to this section.
5. Reliable 24/7 emergency notification contact information will be
provided by the applicant to the Borough and incorporated into the
agreement.
6. Additional Agreement Terms. Additional terms, such as for termination,
assignment and sublicensing rights, shall be as negotiated between
the applicant and Borough.
7. Nondiscriminatory. Applications will be processed on a nondiscriminatory
basis.
[Added 12-15-2020 by Ord.
No. 20-27]
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 Borough as set forth in Subsection
27-15.4c above, and administrative review and the issuance of a permit as set forth in this Subsection
27-15.5. All such uses shall be in accordance with all other applicable provisions of this section, including, without limitation, those set forth in Subsection
27-15.8 below.
1. Collocation of a small wireless facility.
2. Collocation that qualifies as an eligible facilities request.
3. 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 Subsection
27-15.6c1 below.
4. 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.
5. Construction of a communications facility, other than those set forth in Subsection
27-15.5a1,
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.
6. Ordinary maintenance, including any upgrade, repair, replacement,
modification or alteration of a communications facility, with each
upgrade, maintenance or repair being a separate instance subject to
administrative review.
7. The Borough reserves and retains the right to subject any installation
or modification contemplated in this section as well as in this section
to discretionary review 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 reviews unless compelling and
extraordinary circumstances suggest otherwise.
8. All other installations, modifications and replacements not subject to administrative review and that do not qualify as a permitted use are subject to discretionary review under Chapter
25, Land Use and Development Regulations, as described in Subsection
27-15.7 of this section.
b. Permit Required. No person shall place any facility described in Subsection
27-15.5a 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 Borough
shall make accepted applications publicly available by reasonably
available means such as a request pursuant to the Open Public Records
Act ("OPRA"). Notwithstanding the foregoing, the 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 Borough shall treat the information as proprietary and confidential,
subject to applicable state and local "freedom of information" or
"sunshine" laws and the Borough'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,
OPRA procedure and regulations or this section, open and available
for public inspection, including proposed communications facilities'
site locations.
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 email address,
including emergency contact information for the applicant.
2. The names, addresses, telephone numbers, and email 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
required by the Uniform Construction Code of the State of New Jersey,
or as otherwise stated and required under applicable Borough ordinances.
5. Demonstration of compliance with RF health and safety measures, as established by the TCA and FCC, via an RF health and safety report. The applicant may utilize the RF safety reports provided in connection with the municipal agreement, as described in Subsection
27-15.4d4, for its applications for administrative review and permit issuance.
6. The applicant shall demonstrate compliance with the Subsection
27-15.11, 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 qualified
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.
e. The 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.
f. Ordinary Maintenance, Repair and Replacement. Ordinary maintenance and repairs may require administrative review and be subject to the provisions of Subsection
27-15.4b and
c of this section, including notification to the Borough designee of any proposed work, repairs, replacement and modification. This will include coordination with the Borough DPW and Police Department for necessary street closures and safety protocols, as well as the payment of any required fees required under Subsection
27-15.4c above.
g. Information Updates. Any material change to information contained
in an application shall be submitted in writing to the Borough within
30 days after the condition necessitating the change.
h. Application Fees. Unless otherwise provided by applicable laws, all applications pursuant to this section shall be accompanied by the fees required under Subsection
27-15.4c above.
[Added 12-15-2020 by Ord.
No. 20-27]
a. Review of Applications for Administrative Review.
1. The Borough shall review the application in light of its conformity
with applicable provisions of this section, and shall issue a permit
on nondiscriminatory terms and conditions, subject to the following
requirements:
(a)
The Borough must act consistent with the following shot clock
dates [AT&T6]:
(1)
Review of an application to collocate a small wireless facility
using an existing structure: 60 days.
(2)
Review of an application to collocate a facility other than
a small wireless facility using an existing structure: 90 days.
(3)
Review of an application to deploy a small wireless facility
using a new structure: 90 days.
(4)
Review of an application to deploy a facility other than a small
wireless facility using a new structure: 150 days.
(b)
Tolling Period. Unless a written agreement between the applicant and the Borough provides otherwise, the tolling period for an application (if any) is as set forth in Subsection
a1(b)(1) through
(3) of this subsection.
(1)
For an initial application to deploy small wireless facilities,
if the Borough notifies the applicant on or before the 10th day after
submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and
the specific rule or regulation creating the obligation to submit
such documents or information, the shot clock date calculation shall
restart at zero on the date on which the applicant submits all the
documents and information identified by the Borough to render the
application complete.
(2)
For all other initial applications, the tolling period shall
be the number of days from:
(i) The day after the date when the Borough notifies
the applicant in writing that the application is materially incomplete
and clearly and specifically identifies the missing documents or information
that the applicant must submit to render the application complete
and the specific rule or regulation creating this obligation; until
(ii) The date when the applicant submits all the documents
and information identified by the siting authority to render the application
complete;
(iii) But only if the notice pursuant to Subsection
a1(b)(2)(i) of this subsection is effectuated on or before the 30th
day after the date when the application was submitted; or
(3)
For resubmitted applications following a notice of deficiency,
the tolling period shall be the number of days from:
(i) The day after the date when the Borough notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the Borough's original request under Subsection
a1(b)(1) or
(2) of this subsection; until
(ii) The date when the applicant submits all the documents
and information identified by the Borough to render the application
complete;
(iii) But only if the notice pursuant to Subsection a1(b)(3)(i) of this subsection is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the Borough's request under Subsection
a1(b)(1) or
(2) of this subsection.
2. The Borough must advise the applicant in writing of its final decision,
and in the final decision document the basis for a denial, including
referencing specific code provisions and/or regulations upon which
the denial was based, including any federal law, or local or state
laws and regulations, provided said local and state laws and regulations
do not conflict with federal law. Denial may include lack of conformity
with the Borough codes, ordinances and regulations, as well as local,
state and federal environmental, landmark and historical regulations.
A decision to deny an application shall be in writing and supported
by clear evidence contained in a written record, publicly released,
and sent to the applicant. The written decision, supported by such
substantial evidence, shall constitute final action by the Borough.
The review period or "shot clock" shall run until the written decision,
supported by substantial evidence, is released and sent to the applicant
contemporaneously. The subsequent review by the Borough shall be limited
to the deficiencies cited in the original denial and any material
changes to the application made to cure any identified deficiencies.
b. Undergrounding Provisions. The Borough shall administer undergrounding
provisions in a nondiscriminatory manner. It shall be the objective
of the Borough and all public ROW occupants to minimize disruption
or discontinuance of service of all kinds to consumers, through mutual
obligation to coordinate and timely complete such projects. An occupant,
including the applicant, as the case may be, shall comply with nondiscriminatory
Borough undergrounding requirements that 1) are in place and published
prior to the date of initial filing of the application, and 2) prohibit
electric, telecommunications and cable providers from installing aboveground
horizontal cables, poles, or equivalent vertical structures in the
public ROW; and the Borough may require the removal of overhead cable
and subsequently unused poles. In areas where existing aerial utilities
are being moved underground, wireless providers shall retain the right
to remain in place, under their existing authorization, by buying
out the ownership of the pole(s), subject to the concurrence of the
pole owner and consent of the Borough (which consent may not be unreasonably
withheld, conditioned or delayed) or, alternatively, the wireless
provider may reasonably replace the existing pole(s) or vertical structure
locations for antennas and accessory equipment, as a permitted use,
within 50 feet of the prior location, unless a minimally greater distance
is necessary for compelling public welfare. In neighborhoods or areas
with existing underground utilities that do not have small wireless
facilities deployed as a permitted use, a new entrant wireless provider
applying after utilities have been placed underground shall first
seek existing vertical structure locations, if technically feasible
for the wireless service to be deployed. To the degree such vertical
structures are not available, and upon receiving an approved permit,
the applicant shall be entitled to place poles or vertical structures
as necessary to provide the wireless service using vertical structures
commensurate with other vertical structures in the neighboring underground
utility area. In neighborhoods or areas with existing underground
utilities that do have small wireless facilities deployed as a permitted
use, a new entrant wireless provider applying after utilities have
been placed underground shall first seek existing vertical structure
locations, if technically feasible for the wireless service to be
deployed. To the degree such vertical structures are not available,
and upon receiving an approved permit, the applicant shall be entitled
to place poles or vertical structures as necessary to provide the
wireless service using vertical structures commensurate with other
vertical structures of wireless providers in the neighboring underground
utility area. In neighborhoods with underground utilities, whether
being converted from overhead utilities or initially underground,
microwireless devices, typically strand-mounted, shall be treated
like other small wireless facilities in the public ROW, requiring
permitted use status, and subject to nonrecurring and recurring fees
and rates.
c. Effect of Permit.
1. Authority Granted; No Property Right or Other Interest Created. A
permit from the Borough authorizes an applicant to undertake only
certain activities in accordance with this section, and does not create
a property right or grant Borough to the applicant to impinge upon
the rights of others who may already have an interest in the public
ROW.
2. Duration. Any permit for construction issued under this section shall
be valid for a period of six months after issuance, provided that
the six-month period shall be extended for up to an additional six
months upon written request of the applicant (made prior to the end
of the initial six-month period if the failure to complete construction
is delayed as a result of circumstances beyond the reasonable control
of the applicant).
d. Removal, Relocation or Modification of a Communications Facility
in the ROW.
1. Notice. Within 90 days following written notice from the Borough,
a provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any communications facility within the public ROW whenever the
Borough has determined that such removal, relocation, change or alteration
is reasonably necessary for the construction, repair, maintenance,
or installation of any Borough improvement in or upon, or the operations
of the Borough in or upon, the public ROW, or pursuant to any redevelopment
plan made pursuant to the Municipal Land Use Law contained in N.J.S.A.
40:55D, or any council resolution that approves any redevelopment
plan for work that is performed by a private company other than the
Borough. The Borough shall apply the same standards to all utilities
in the public ROW.
2. Emergency Removal or Relocation of Facilities. The Borough retains
the right and privilege to cut power to or move any communications
facility located within the public ROW of the Borough, as the Borough
may determine to be necessary, appropriate or useful in response to
any public welfare emergency, or safety emergency. If circumstances
permit, the Borough shall notify the provider and provide the provider
an opportunity to move its own facilities prior to cutting power to
or removing the communications facility and in all cases shall notify
the provider after cutting power to or removing the communications
facility as promptly as reasonably possible.
3. Structural Reconditioning, Repair and Replacement. From time to time,
the Borough may paint, recondition, or otherwise improve or repair
the Borough poles in a substantial way ("reconditioning work"). The
provider shall reasonably cooperate with the Borough to carry out
reconditioning work activities in a manner that minimizes interference
with the provider's approved use of the facility.
(a)
Prior to commencing reconditioning work, the Borough will use
reasonable efforts to provide the provider with at least 60 days'
prior written notice. Upon receiving that notice, it shall be the
provider's sole responsibility to provide adequate measures to
cover, remove, or otherwise protect the provider's communications
facility from the consequences of the reconditioning work, including
but not limited to paint and debris fallout. The Borough reserves
the right to require the provider to remove all of the provider's
communications facility from the Borough pole and surrounding premises
during reconditioning work, provided the requirement to remove same
is contained in the written notice required by this subsection. All
cost associated with the protection measures, including temporary
removal, shall be the sole responsibility of the provider. The [AT&T7]
Borough will provide the provider with a date by which its equipment
must be protected or removed. The provider may request a modification
of the Borough procedures for carrying out reconditioning work in
order to reduce the interference with provider's operation of
its communications facility. If the Borough agrees to the modification,
the provider shall be responsible for all reasonable incremental cost
related to the modification.
(b)
If the Borough poles need to be replaced ("replacement work"),
the Borough shall provide the provider with at least 60 days' written
notice to remove its communications facilities. The Borough shall
also promptly notify the provider when the Borough poles have been
replaced and the provider may reinstall its equipment. During the
replacement work, the provider may maintain a temporary communications
facility on the property, or, after approval by the Borough, on any
land owned or controlled by the Borough, in the vicinity of the property.
If the property will not accommodate the provider's temporary
communications facility or if the parties cannot agree on a temporary
location, the provider, at its sole option, shall have the right to
suspend the applicable permit, until the replacement pole is installed,
upon 30 days' written notice to the Borough.
(c)
If the Borough poles need to be repaired due to storm or other
damage ("repair work"), the Borough shall notify the provider to remove
its communications facilities as soon as possible. In the event of
an emergency, the Borough shall contact the provider by telephone
at its emergency contact of record upon or prior to removing the provider's
equipment. Once the Borough poles have been replaced or repaired,
the Borough will promptly notify the provider that it can reinstall
its equipment. During Borough repair work, the provider may maintain
a temporary communications facility on the property, or, after approval
by the provider, on any land owned or controlled by the Borough in
the vicinity of the property. All cost associated with any removal
or protection of communications facilities shall be the sole responsibility
of the provider, except to the extent caused by third parties or the
Borough.
e. Attachment to Borough Poles in the Public ROW.
1. Make-Ready. For any attachment to Borough poles in the public ROW,
the Borough shall provide a good-faith estimate for any make-ready
work necessary to enable the Borough pole to support the proposed
facility, including replacement of the pole if necessary, within 60
days after receipt of a completed application requesting attachment
to the Borough pole, unless a longer period is required in order to
comply with New Jersey law, including, but not limited to Local Public
Contracts Law ("LPCL") and the New Jersey Local Unit Pay-to-Play.
Make-ready work including any pole replacement shall be completed
within 120 days of written acceptance of the good-faith estimate by
the provider. The Borough will make all reasonable estimates to complete
the work within the stated timeframes. Such acceptance shall be signified
by payment via check or other commercially reasonable and customary
means specified by the Borough. If the Borough does not indicate it
is willing to perform the make-ready work within the 60 days after
receipt of a completed application requesting attachment to the Borough pole,
the applicant may perform the work itself consistent with Borough
approval under this section.
[Added 12-15-2020 by Ord.
No. 20-27]
a. Discretionary Review Required. All other uses not expressly set forth or referenced in Subsection
27-15.5a above shall require compliance with applicable Borough ordinance, including, but not limited to, Chapter
27, Telecommunications Antennas and Towers, and the district zoning regulations and any other applicable laws and ordinances of the Borough.
[Added 12-15-2020 by Ord.
No. 20-27]
a. General Principles.
1. Placement.
(a)
The Borough shall have the power to establish reasonable and
nondiscriminatory limitations on the placement of new or additional
facilities within specific congested segments of the public ROW if
there is insufficient space to accommodate all of the requests of
applicants or other persons to occupy and use the public ROW. In making
such decisions, the Borough shall to the extent possible accommodate
all existing users and potential users (i.e., those who have submitted
an application to deploy facilities within the public ROW) of the
public ROW, and shall be guided primarily by considerations of the
public interest, the width and physical condition of the public ROW,
the time of year with respect to essential utilities, the protection
of existing facilities in the public ROW and established plans for
public improvements and development projects which have been determined
to be in the public's interest.
(b)
Fewest Possible New Poles/Use of Existing Poles. The applicant
shall use existing poles when possible for the placement of its small
wireless facilities and shall minimize the number of new proposed
poles in the right-of-way to the fewest possible to meet the coverage
and capacity requirements.
2. Leasing of excess space in ducts, conduits and on a pole is a matter
between interested parties (subject to any applicable pole attachment
regulations and any other applicable statutory, regulatory or contractual
obligations); however, lessees or licensees of such physical facilities
must still comply with the terms of this section, unless otherwise
expressly exempted by the Borough.
3. An occupant of the public ROW shall employ due care during the installation
and maintenance process, and comply with all safety and public ROW
protection requirements of applicable federal, state and local laws
(and any generally applicable Borough guidelines, standards and practices),
and any additional commonly accepted safety and public ROW protection
standards, methods and devices (to the extent not inconsistent with
applicable laws). All facilities under the streets of the Borough
shall be kept and maintained in a safe and well-ordered condition,
and in good order and repair.
(a)
Any permittee occupying any portion of the public ROW shall
erect a barrier around the perimeter of any excavation and provide
any and all traffic-control devices, signs and lights appropriate
to the level of complexity of the activity in order to protect, warn
and guide the public (vehicular and pedestrian) through the work zone.
The manner and use of these devices shall be described within a traffic-control
plan in accordance with the Manual on Uniform Traffic Control Devices,
and existing procedures, including the Borough work site evaluation
process by which the construction office refers proposed work to the
Police Department in order to develop safety measures to safeguard
pedestrian and vehicular traffic as well as property. In the event
of any conflict between the provisions of this subsection and the
work site evaluation process, the work site evaluation procedures
shall control.
(b)
Occupants of the public ROW with open excavations awaiting final
restoration shall maintain all devices until the Borough notifies
the occupant in writing that the Borough or the Borough's designated
contractor is assuming responsibility for traffic control.
(c)
Each occupant shall designate a safety officer. The safety officer
shall be responsible for safety-related issues affecting both the
public and the occupant's field employees and contractors for
all job sites within the public ROW.
4. Location of Existing Facilities.
(a)
An occupant of the public ROW shall not place any fixtures or
equipment where the same will interfere with any existing facility,
and shall locate its lines and equipment in such a manner as not to
interfere unnecessarily with the usual traffic patterns (vehicular
or pedestrian) or with the rights or reasonable convenience of owners
of property that abuts any public ROW.
(b)
In the event that the Borough notifies the occupant in advance
that it is expressly interested in sharing the trenches or bores at
a specific location area where construction is occurring, then the
occupant shall allow the Borough to place its infrastructure in the
occupant's trenches and bores as requested by the Borough. In
these instances, the Borough will bear an incremental share of the
costs of trenching, boring and the placement of conduit and infrastructure.
(c)
Before beginning excavation in any public ROW, an occupant shall
contact the regional notification center for subsurface installations
(One-Number Locator Service) to determine possible conflicts. [AT&T8]
5. Abandonment of Facilities. Any occupant of the public ROW, including
any applicant, wireless provider or wireless infrastructure provider,
that intends to permanently discontinue use of any facilities within
the public ROW shall notify the Borough in writing within 30 days
prior to abandonment. Such notice shall describe the facilities for
which the use is to be discontinued, and the date of discontinuance
of use. Upon notification, at its discretion, the Borough will choose
from the following options within 14 days or any other agreed upon
option, and so notify the occupant of its decision:
(a)
Abandon the facilities in place and the occupant shall further
convey full title and ownership of such abandoned facilities to the
Borough. The occupant is responsible for all obligations of the facilities,
or other associated liabilities until the conveyance to the Borough
is completed; or
(b)
The facilities shall be removed and the occupant shall be liable
for removing the facilities at its own cost. If an occupant fails
to remove facilities that the Borough requires it to remove, after
90 days' notice to the occupant, the Borough may perform the work
and shall be entitled to collect the cost from the occupant, its successors
and/or assigns.
b. Additional Requirements.
1. General. All deployments of communications facilities in the public
ROW shall comply with the following:
(a)
Compliance with ADA and other applicable federal, state and
local laws and standards.
(b)
Pedestrian and vehicular traffic and safety requirements established
by the Borough.
(c)
Existing public ROW occupancy or management ordinances, not
otherwise inconsistent with this section.
2. Additional Permits. In addition to obtaining a permit for installation
of a communications facility in the public ROW, an applicant must
obtain the following additional permits and approvals, as well as
provide notice where indicated:
(a)
Notification to Borough designee for all work contemplated in this section, pursuant to Subsection
27-15.4.
(b)
Construction permit (including building and electrical subcodes),
per statutory fees established by Uniform Construction Code regulations
contained in N.J.A.C. 5:23.
(c)
Zoning permit, as applicable, per this section and the applicable
provisions of the Borough land use regulations.
(d)
Street opening permit, if applicable, per Borough Code Chapter
15, Streets and Sidewalks.
(e)
Telecommunications consultation and review performed by the
Borough designee or other such official of the Borough or professional
contracted by the Borough, to include permit review, construction
oversight for code and zoning compliance and post-installation inspection
to ensure compliance with the technical specifications.
(f)
Engineering review by an outside consultant, as needed.
(g)
Discretionary Review: For small wireless facilities applications
not subject to administrative review pursuant to this section.
c. [AT&T9] Existing Utility Easements in the Public Right-of-Way.
1. Applicants will work with the Borough Engineer to coordinate and
protect existing utilities in the public ROW.
2. Applicants will coordinate with the Borough Engineer all public safety
considerations prior to and during installation in the public ROW
to ensure public safety response in the case of gas line, water line
or electric Borough disturbance.
[Added 12-15-2020 by Ord.
No. 20-27]
Notwithstanding anything to the contrary in this section, the
Borough may request that the applicant install a small wireless facility
on a new decorative pole, or replace an existing decorative pole with
a new decorative pole that is in keeping with the aesthetics of the
existing decorative pole or the surrounding streetscape only upon
satisfaction of the following additional requirements:
a. Issuance of a permit under Subsection
27-15.5a above.
b. The new decorative pole, small wireless facilities attachment and/or
the replacement decorative pole is in keeping with the aesthetics
of the decorative pole and surrounding streetscape in the judgement
of the Borough.
[Added 12-15-2020 by Ord.
No. 20-27]
An applicant seeking to construct, modify or replace a network
of communications facilities may, at the applicant's discretion
and subject to the Borough's approval, batch application requirements
and file a consolidated application and receive multiple permits or
a single permit for multiple communications facilities. The Borough's
denial of any site or sites within a consolidated application shall
not affect other sites submitted in the same application. The Borough
shall grant a permit(s) for any and all sites in a consolidated application
that it does not otherwise deny, subject to the requirements of this
section. [AT&T10]
[Added 12-15-2020 by Ord.
No. 20-27]
All aboveground communications facilities in the public ROW
requiring administrative review only shall conform to the following
nondiscriminatory design guidelines generally applicable to all facilities
in the public ROW:
a. Siting and Design Requirements.
1. Pole Siting Standards. New poles for use as support structures for
small wireless facilities shall conform to the following siting standards:
(a)
Height. No proposed pole shall be taller than 50 feet or 110%
of the height of poles in the surrounding streetscape, whichever is
higher.
(b)
Location, Safety and Aesthetics. No proposed pole shall be erected
in the right-of-way unless it:
(1)
Is approved pursuant to the provisions of this section;
(2)
Replaces an existing pole; or
(3)
Does not inhibit any existing sight triangles or sight distances;
and
(4)
Allows adequate room for the public to pass and repass across,
along and through the right-of-way; and
(5)
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;
(6)
Is compliant with Chapter
15, Streets and Sidewalks, of the Borough Code, as well as any applicable local and state laws and regulations pertaining to the installation of utility poles in the right-of-way, including promulgated by the Board of Public Utilities requiring approval of proposed locations prior to installation.
2. Ground-Level Cabinet Siting Standards. Ground-level cabinets shall
conform to the following siting standards:
(a)
Ground-level cabinets are prohibited in the public right-of-way
in residential zones and any future residential zones.
(b)
Ground-level cabinets are permitted in nonresidential zones,
provided that such ground-level cabinet:
(1)
Is less than 28 cubic feet in volume; and
(2)
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
(3)
Does not inhibit any existing sight triangles or sight distance;
and
(4)
Allows adequate room for the public to pass and repass across,
along and through the municipal right-of-way.
3. Pole-Mounted Antenna and Pole-Mounted Cabinet Siting Standards.
(a)
Pole-mounted antennas are permitted on existing poles, provided
that each pole-mounted antenna:
(1) Does not exceed three cubic feet in volume; and
(2) 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
(3) Does not inhibit any sight triangles or sight distance; and
(4) Allows adequate room for the public to pass and repass across, along
and through the public right-of-way.
(b)
Pole-mounted cabinets are permitted on existing poles in all
residential zones and nonresidential zones, provided that each pole-mounted
cabinet:
(1)
Does not exceed 16 cubic feet; and
(2)
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
(3)
Does not inhibit any sight triangles or sight distance; and
(4)
Allows adequate room for the public to pass and repass across
the public right-of-way.
b. Maximum Height Requirements.
1. Maximum Size of Permitted Use. Small wireless facilities, and new, modified or replacement poles, towers and support structures (subject to the further limitation for replacement of support structures described in the definition of "replace or replacement" in Subsection
27-15.3 above) to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use in accordance with this Subsection
27-15.11, subject to the following requirements:
(a)
Each new, modified or replacement pole, tower or support structure
installed in the public ROW shall not exceed the greater of:
(1)
Five feet above the tallest existing pole, tower or support
structure not exceeding 50 feet in the public ROW, in place as of
the effective date of this section, and located within 500 feet of
the new proposed pole, support structure; or 10 feet on utility distribution
poles where required by the electrical utility separation requirements;
or
(2)
Fifty feet above ground level.
(b)
Each modified or replacement pole, tower, or support structure
installed in the public ROW shall not exceed the greater of:
(1)
Five feet above the height of the structure being modified or
replaced in place as of the effective date of this section; or 10
feet on utility distribution poles where required by the electrical
utility separation requirements; or
[Added 12-15-2020 by Ord.
No. 20-27]
a. Any communications facilities in the public rights-of-way existing
at the time of the adoption of the provisions of this section, whether
or not a municipal agreement exists or is in force and effect with
regard to same, shall be required to comply with the provisions of
this section.
b. Any municipal agreements entered into between the Borough and any
provider regarding communications facilities in the public rights-of-way
shall be required to conform to the provisions and standards of this
section. To the extent the provisions of any existing municipal agreement
conflict with this section, said provisions shall be replaced and
superseded by the applicable terms of this section.
[Added 12-15-2020 by Ord.
No. 20-27]
Prior to the start of any installation of poles, small wireless
facilities or other communications facilities that requires excavation,
the applicant shall contact New Jersey One Call at 811 at least three
full business days prior to the commencement of work.
[Added 12-15-2020 by Ord.
No. 20-27]
For all installations of communications facilities and small
wireless facilities that require the installation of aboveground and
underground communications and power cabling and conduit, along the
public ROW as well as utility easements and private property, the
Borough's Department of Public Works or Construction Office may
request that the project developer publicly offer to coordinate with
providers who operate, or have applied for facilities in the Borough
through the Department of Public Works or other applicable department
or agency to ensure the public ROW and any planned utility easements
are adequate to accommodate the deployment of both aboveground and
underground communications facilities. Specifically, planned utility
easements should allow for an adequate number of huts, utility poles
and other structures, as well as below-ground conduit, to adequately
serve current and anticipated communications facilities. Access to
easements should be provided to providers on a nondiscriminatory basis
and at a reasonable cost, or pursuant to applicable laws.
[Added 12-15-2020 by Ord.
No. 20-27]
Violation of any of the provisions of this section shall be
a simple citation punishable with a civil penalty of $500 for each
violation which continues more than 10 days after written notice of
such violation is provided to the applicant. Each day, after such
notice, that a violation occurs or is permitted to exist by the applicant
constitutes a separate offense.
[Added 12-15-2020 by Ord.
No. 20-27]
This section is intended to govern the installation, placement, maintenance, modification, upgrade and repair of communications facilities, including small wireless facilities, in the public right-of-way. The placement of telecommunications equipment outside of the public right-of-way shall be governed by Chapter
27, Telecommunications Antennas and Towers, as well as by other applicable codes and ordinances of the Borough.
[Added 12-15-2020 by Ord.
No. 20-27]
The Borough Council, or other Borough person, agency or department
with the authority to do so, may waive any provision or standard set
forth in this section where it is demonstrated that the strict enforcement
of said standard:
a. Will prohibit or have the effect of prohibiting any telecommunications
service pursuant to 47 U.S.C. § 253(a); or
b. Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
c. 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
d. Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide wireless service to any prospective customer
within the Borough.
[Added 12-15-2020 by Ord.
No. 20-27]
As specified in Subsection
27-15.4b herein, the Borough designee shall be the initial point of contact for the Borough for all matters concerning this section.
[Added 12-15-2020 by Ord.
No. 20-27]
This section shall take effect 20 days after its adoption by
the Borough Council.