The purpose of this chapter shall be for the establishment of
a review procedure of the Town of Secaucus with respect to all applications
for municipal consent for the establishment of poles, conduits, wires,
fiber optics, and other fixtures, as part of a communication line
pursuant to N.J.S.A. 48:17-10, et seq.
No person, corporation, or business entity shall establish,
construct, or maintain a pole, conduit, wire, fiber optics, or other
fixture upon, along, over, or under any public road, street, or highway
of the Town of Secaucus for which municipal consent is required, pursuant
to N.J.S.A. 48:17-10, et seq., without first obtaining municipal consent
therefor from the Town of Secaucus through formal resolution of Mayor
and Council of the Town of Secaucus.
Any person wishing to establish, construct, or maintain a pole,
conduit, wire, fiber optics, or other fixture upon, along, over or
under any public road, street, or highway of the Town of Secaucus
for which municipal consent is required pursuant to N.J.S.A. 48:17-10,
et seq., shall make application on a form prescribed by the Construction
Department of the Town of Secaucus. Such application shall provide
all such information that is requested by the Construction Department
to enable the Construction Department to review such application,
and may include information to determine whether such line is contrary
to the best public interest, creates any hazard or other dangerous
condition, or violates the rights of any private property owner. Upon
completion of the review by the Construction Code Official, the Construction
Code Official shall advise the Mayor and Council, in writing, of his
recommendation with respect to the application.
The application fee shall be $500 per application, and is non-refundable,
and shall be paid at the time of submission of the application. Any
amendment to an application which the Construction Code Official or
his designee has already reviewed shall be deemed a separate application
requiring a full application fee.
The provisions of this chapter shall be enforced by the Construction
Code Official, or his designee.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 or by imprisonment for a term not to
exceed ninety (90) days, or by both. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.