[Ord. No. 99-29 § 4A-1]
The purpose and intent of this chapter is to:
a.
Establish a local policy concerning telecommunications providers
and services;
b.
Establish clear local guidelines, standards and time frames for the
exercise of local authority with respect to regulation of telecommunications
providers and services;
c.
Promote competition in telecommunications;
d.
Minimize unnecessary local regulation of telecommunications providers
and services;
e.
Encourage the provision of advanced and competitive telecommunications
services on the widest possible basis to the businesses, institutions
and residents of the Township;
f.
Permit and manage reasonable access to the public ways of the Township
for telecommunications purposes on a competitively neutral basis;
g.
Conserve the limited physical capacity of the public ways held in
trust by the Township;
h.
Assure that the Township's current and ongoing costs of granting
and regulating private access to and use of the public ways are fully
paid by the persons seeking such access and causing such costs;
i.
Assure that all telecommunications carriers providing facilities
within the Township comply with the ordinances, rules and regulations
of the Township;
j.
Assure that the Township can continue to fairly and responsibly protect
the public health, safety and welfare;
k.
Enable the Township to discharge its public trust consistent with
rapidly evolving Federal and State regulatory policies, industry competition
and technological development.
1.
The Township Committee finds that due to the passage of the Telecommunications
Act of 1996 and the proliferation of telecommunication companies seeking
to use its public ways, the passage of this chapter is necessary to
ensure the health, safety and welfare of its residents. The Committee
further finds that it is empowered to enact such a licensing ordinance
pursuant to N.J.S.A. 40:42-1 and N.J.S.A. 48:17-11.
[Ord. No. 99-29 § 4A-2]
For the purpose of this chapter, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
Shall mean a person that directly or indirectly owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
Shall mean the volume or capacity in any existing or future
duct, conduit, manhole, handhole or other utility facility within
the public way that is or will be available for use for additional
telecommunications facilities.
Shall mean the Federal Communications Commission.
Shall mean the highways, streets, alleys, utility easements
or other rights-of-way within the Township but under the jurisdiction
and control of a governmental entity other than the Township.
Shall mean utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Shall mean and include corporations, companies, associations,
joint stock companies or associations, firms, partnerships, limited
liability companies and individuals and includes their lessors, trustees
and receivers.
Shall mean any highway, street, alley or other public right-of-way
for motor vehicle travel under the jurisdiction and control of the
Township which has been acquired, established, dedicated or devoted
to highway purposes not inconsistent with telecommunications facilities.
Shall mean and include all public streets and utility easements,
as those terms are defined herein, now or hereafter owned by the Township,
but only to the extent of the Township's right, title, interest or
authority to grant a license to occupy and use such streets and easements
for telecommunications facilities.
Shall mean the State of New Jersey.
Shall mean that portion of the usable space on a utility
pole which has the necessary clearance from other pole users, as required
by the orders and regulations of the Board of Public Utilities, to
allow its use by a telecommunications carrier for a pole attachment.
Shall mean and include every person that directly or indirectly
owns, controls, operates or manages plant, equipment, or property
within the Township, used or to be used for the purpose of offering
telecommunications service.
Shall mean the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antenna,
electronics and other appurtenances used or to be used to transmit,
receive, distribute, provide or offer telecommunication services.
Shall mean and include every person who provides telecommunications
services over telecommunications facilities without any ownership
or management control of the facilities.
Shall mean the providing or offering for rent, sale or lease,
or an exchange for other value received, of the transmittal of voice,
data, image, graphic and video programming information between or
among points by wire, cable, fiber optics, laser, microwave, radio,
satellite or similar facilities, with or without benefit of any closed
transmission medium.
Shall mean the Township of Holmdel.
Shall mean and include all real property owned by the Township,
other than public streets and utility easements as those terms are
defined herein, and all property held in a proprietary capacity by
the Township, which are not subject to the right-of-way licensing
as provided in this chapter.
Shall mean any perennial plant having a diameter of four
inches or greater measured at a point four feet above the ground.
Shall mean utility and telecommunications facilities located
under the surface of the ground, excluding the underground foundation
or supports for overhead facilities.
Shall mean the total distance between the top of the utility
pole and the lowest possible attachment point that provides the minimum
allowable vertical clearance as specified in the orders and regulations
of the Board of Public Utilities (B.P.U.).
Shall mean any easement owned by the Township and acquired,
established, dedicated or devoted for public utility purposes not
inconsistent with telecommunications facilities.
Shall mean the plant, equipment and property, including but
not limited to the poles, pipes, mains, conduits, ducts, cables, wires,
plant and equipment located under, on or above the surface of the
ground within the public ways of the Township and used or to be used
for the purpose of providing utility or telecommunications services.
[Ord. No. 99-29 § 4A-3]
Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the Township for the sole purpose of providing telecommunications service to persons in areas outside the Township shall first obtain a license granting the use of such public ways from the Township pursuant to Article II of this chapter.
[Ord. No. 99-29 § 4A-4; Ord. No. 2006-07 § V]
Any person found guilty of violating, disobeying, omitting,
neglecting or refusing to comply with any of the provisions of this
chapter shall be fined not less than $100 nor more than $2,000 for
each offense. A separate and distinctive offense shall be deemed committed
each day on which a violation occurs or continues.
[Ord. No. 99-29 § 4A-5]
Nothing in this chapter shall be construed as limiting any judicial
remedies that the Township may have, at law or in equity, for enforcement
of this chapter.
[Ord. No. 99-29 § 4A-6]
If any section, subsection, sentence, clause, phrase or other
portion of this chapter, or its application to any person, is, for
any reason, declared invalid, in whole or in part by any court or
agency of competent jurisdiction, said decision shall not affect the
validity of the remaining portions hereof.
