[Adopted 9-24-2019 by Ord. No. 2019-12; repealed and replaced 8-22-2023 by Ord. No. 2023-008]
Ministerial review of an application by the Designee and
Borough Engineer, as preferred by the Borough, to determine whether
the issuance of a permit is in conformity with the applicable provisions
of this article.
The cost of processing an application for a Right-of-Way
Permit including, but not limited to, all professional fees such as
engineer and attorney costs to the Borough.
The Borough Council of the Borough of Spring Lake.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the Municipal Right-of-Way,
The part of the electric system, after the transmission system
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the Municipal Right-of-Way.
A Cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Borough as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Monmouth where the Borough's approval is required
for the use of same pursuant to N.J.S.A. 27:16-6.
Pole means a legally constructed pole, such as a utility,
lighting or similar pole made of wood, metal or other material as
determined by the Borough, located or to be located within the Public
Right-of-Way. A Pole does not include a Support Structure.
A device that is attached to a Pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A Cabinet that is proposed to be placed on an Existing or
Proposed Pole.
A Pole that is proposed to be placed in the Municipal Right-of-Way.
In connection with an existing Pole or Support Structure,
to replace (or the replacement of) same with a new structure, substantially
similar in design, size and scale to the existing structure and in
conformance with this article and any other applicable regulations
in order to address limitations of the existing structure to structurally
support Collocation of a Communications Facility.
An agreement that sets forth the terms and conditions for
use of the Municipal Right-of-Way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Borough setting forth the Utility's
compliance with the requirements of this article.
A Wireless Facility that meets both of the following qualifications:
(i) each Antenna could fit within an enclosure of not more than three
cubic feet in volume; and (ii) all other wireless equipment associated
with the Antenna, including the preexisting equipment, is cumulatively
no more than 28 cubic feet in volume.
A Decorative Pole that conceals, disguises or camouflages
one or more Small Wireless Facility installation(s) and may include
other features such as street lighting, 911 call service access, public
access Wi-Fi and surveillance cameras. A Smart Pole must allow for
at least three occupants and allow space for Borough use for other
services and/or equipment. Smart Poles shall neither have protruding
latches, external hinges, nor external cabling. The pole must be made
of an inherently rust-resistant material (i.e. aluminum alloys or
stainless steel). The design of the smart pole is within the exclusive
discretion of Borough.
Existing Poles within the same right-of-way which are located
within 500 feet of the Proposed Pole.
Any structure in the public right-of-way built for the sole
or primary purpose of supporting a wireless facility. A tower does
not include a pole or support structure.
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
The equipment at a fixed location or locations in the Public
ROW that enables Wireless Services. The term does not include: (i)
the Support Structure, Tower or Pole on, under, or within which the
equipment is located or collocated; or (ii) coaxial, fiberoptic 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. A Small Wireless Facility is one type of
a Wireless Facility. Throughout this article, the terms "Communications
Facility", "Wireless Facility" and "Small Wireless Facility" may be
used interchangeably and shall be taken to refer to the same thing
unless the context clearly indicates otherwise.
Prior to obtaining a permit and installing in the Public R.O.W.
any Communications Facility, or any Pole built for the sole or primary
purpose of supporting a Communications Facility, a Utility Person
shall enter into a Right-of-Way Use Agreement with the expressly authorizing
use of the Public Right-of-Way for the Communications Facility or
Pole proposed to be installed.
A.
The term of the R.O.W. Use Agreement shall not exceed 15 years.
B.
The R.O.W. Use Agreement authorizes the Utility's non-exclusive
use of the Public R.O.W. for the sole purpose of installing, maintaining
and operating Small Wireless Facilities, including any Pole built
for the sole or primary purpose of supporting the Communications Facilities
and to provide the services expressly authorized in the agreement
subject to Applicable Codes and applicable laws, this article and
the terms and conditions of the agreement. The agreement authorizes
use only of the public R.O.W. in which the Borough has an actual interest.
It is not a warranty of title or interest in any Public R.O.W. and
it does not confer on the Utility any interest in any particular location
within the Public R.O.W. No other right or authority is granted except
as expressly set forth in the R.O.W. License Agreement. Nothing herein
shall authorize the use of the Borough's Poles or Support Structures,
in the Public R.O.W. without express approval from the Borough. All
use of the Borough's Poles or Support Structures in the Public
R.O.W. shall require a separate agreement and the payment of separate
fees for such use.
C.
The Utility shall, at its sole cost and expense, keep and maintain
its Communications Facilities, Poles, and Support Structures in the
Public R.O.W. in a safe condition, and in good order and repair.
D.
The Utility shall provide insurance and indemnification of the Borough
as described in the R.O.W. Use Agreement. The insurance coverage limits
must be at least as broad as follows:
(1)
Insurance. The Utility 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 Utility may use any combination
of primary and excess insurance to meet the total limits required.
Such coverage shall be primary, non- contributory 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 Utility. Prior
to the commencement of any work pursuant to this article the Utility
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 Utility 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
Utility or its subcontractors, agents, employees, officers, servants,
designees, guests and invitees, activities pursuant to the rights
granted in this article. Utility shall notify the Designee within
15 days of receipt of any claim or demand of Utility or its subcontractors,
agents, employees, officer, servants, designees, guests, or invitees
by any aggrieved party for any work or action made pursuant to this
Ordinance. The Borough shall be named as an additional insured. Utility
shall provide Borough with renewal insurance.
(2)
Indemnification. Utility, its successors, assigns, contractors, sub-contractors,
agents, servants, officers, professionals, 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 Utility's
actions under this Ordinance 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 County, 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 Utility's activities pursuant to
the rights granted in this Ordinance. This indemnification shall also
specifically include that the Borough retains the right to choose
its own defense counsel regarding any action at law or equity pursuant
to this section.
A.
Pre-application meetings. Prior to making a formal application and
after entering into the ROW Agreement pursuant to Section 70 with
the Borough for use of the Municipal Right-of-Way, all utilities must
meet with the Zoning Officer to review the scope of the Utility's
proposal. Following said meeting, the Zoning Officer may require the
Utility to present the plan to the Borough Planning Board.
B.
Prior to approval of any application, the Borough may in its discretion
require the Utility to hold a public meeting or open house and provide
notice of same by regular mail to all property owners identified by
the Borough Engineer as requiring notice.
C.
No person may construct, maintain, or perform any other work in the
Public R.O.W. related to Communications Facilities, Poles built for
the sole or primary purpose of supporting Communications Facilities
without first receiving a Permit to the extent required under this
article, and any subsequent permits or authorizations required by
applicable Laws or the Borough.
D.
The Utility shall not locate or maintain its Communications Facilities,
Small Wireless Facilities, Support Structure or Poles to unreasonably
interfere with the use of the Public R.O.W. by the Borough, by the
general public or by other persons authorized to use or be present
in or upon the Public R.O.W.
E.
The permitting process set forth herein may be revised, supplemented,
or otherwise amended or replaced by resolution or amendment to this
Ordinance of Borough Council at any time regardless of a pending permit
application.
F.
No application for a Small Wireless Facility siting permit shall
be approved if the application proposes the deployment of a Small
Wireless Facility in an area other than those specific locations set
forth within the Borough's Wireless Siting Plan formulated and
regularly reexamined by the Borough Engineer.
A.
No Pole, Antenna or Cabinet shall be installed within the Municipal
Right-of-Way without the issuance of a Right-of-Way Permit.
B.
Height. No Pole shall be taller than 35 feet or 110% of the height
of Poles in the Surrounding Streetscape, whichever is higher.
(1)
Total height includes any antenna or other attachment to the pole.
C.
Distance from the curb line. No pole shall be farther than 18 inches
from the curb line.
D.
Use of existing poles.
(1)
A Utility applying for a permit to use the Borough Right-of-Way to
install facilities as defined within this article must first provide
to the Borough a complete list or inventory of existing poles within
the Borough that the carrier will or may use to install such facilities.
(2)
Such inventory shall be viewed and inspected by the Borough within
30 days of receipt and the carrier shall be notified as to whether
the designated poles are satisfactory. If any poles are rejected,
the Borough shall notify the carrier of the pole(s) rejected and reasons
for such rejection.
(3)
Once the final list of agreed upon poles is complete, the list shall
be submitted to Borough Council for approval by Resolution.
(4)
Such approval shall be valid for five years from the date of approval.
During that period, the carrier may, at any time, make use of the
pre-approved poles by filing an application for a permit with the
Zoning Officer. The Zoning Officer shall issue a Permit with any other
necessary permits to follow in due course.
E.
Use of new or replacement poles. Once a Utility concludes, with the
Borough's consent, that an existing pole or poles cannot be utilized
to install facilities under this article, the Utility may propose
use of a replacement or additional pole within the Right-of-Way.
F.
Location, safety and aesthetics. No new pole shall be erected in
the Right-of-Way unless it:
(1)
Is replacing an Existing Pole;
(2)
Has been reviewed by the Borough's Planning Board;
(3)
At the option of the Borough, is a Smart Pole, the design of which
shall be subject to administrative review and approval by the Borough;
(4)
Is located within the Municipal Right-of-Way;
(5)
Is at least 1,500 linear feet from any other Existing Pole or Proposed
Pole, which is used to support a Small Wireless Facility;
(6)
Does not inhibit any existing sight triangles;
(7)
Allows adequate room for the public to pass and re-pass across the
Right-of-Way;
(8)
Is finished and/or painted so as to blend in compatibly with it's
background and so as to minimize its visual impact on surrounding
properties.
G.
Each Smart Pole must accommodate at least three carriers per Small
Wireless Facility deployment.
H.
Beachfront facilities.
(1)
Erecting New Poles and similar facilities in the Municipal Right-of-Way raises significant aesthetic and safety concerns and those concerns are especially pronounced along the beachfront as specifically regulated by Ch. 114 of the Borough Code; and
(2)
The Borough has a specific obligation to its residents and visitors
to protect its unique beachfront, related vistas and the highly unique
passive recreational opportunities it affords to both; and
(3)
The Borough's beachfront, boardwalk and adjacent areas are part
of the Coastal Zone designated the New Jersey Coastal Area Facility
Review Act and other laws, as well as general statements of public
policy that recognize and regulate such areas as a highly unique and
valuable resource; and
(4)
Local governments may regulate small wireless facilities to seek
"traditional zoning objectives of preventing deployments that are
unsightly or out of neighborhood character." City of Portland v. United
States, 969 F.3d 1020, 1042 (9th Cir. 2020).
(5)
No Poles, Cabinets or similar facilities may be placed within 150
feet of the beach, any dunes, mean high water line (as defined by
the Coastal Area Facility Review Act. See N.J. Admin. Code § 7:7-2.2.)
or Ocean Avenue (Route 18).
(6)
Should a CAFRA permit be required, the Utility must obtain a CAFRA
permit or establish that same is not required.
I.
Any claim by a Utility of technical incompatibility, inability to
use existing structure, or inability to collocate need to be proven
by the Utility, not disproved by Borough. Validity of said claims
by the Utility is reserved within the sole discretion of Borough.
J.
The Borough may require that any new poles installed by the Utility
be Smart Poles.
K.
Pole Mounted Cabinets are permitted on Existing Poles, provided that
each Cabinet:
(1)
Does not exceed 16 cubic feet; and
(2)
Is finished and/or painted and otherwise camouflaged, in conformance
with the best available stealth technology methods, to blend in compatibly
with its background and to minimize its visual impact on surrounding
properties; and
(3)
Does not inhibit sight triangles; and
(4)
Allows adequate room for the public to pass and repass across the
municipal right-of-way.
L.
Pole Mounted Antennas are permitted on Existing Poles, provided that
each Pole Mounted Antenna:
(1)
Does not exceed three cubic feet; and
(2)
Is finished and/or painted and otherwise camouflaged, in conformance
with the best available stealth technology methods, to blend in compatibly
with its background and to minimize its visual impact on surrounding
properties; and
(3)
Does not inhibit sight triangles; and
(4)
Allows adequate room for the public to pass and repass across the
municipal right-of-way.
M.
The Utility must provide a certification from a licensed structural
engineer attesting to the structural integrity of any Pole Mounted
Antenna or Pole Mounted Cabinet.
N.
All wireless equipment associated with the Pole, including the wireless
equipment associated with the antenna and any preexisting associated
equipment shall not be more than 16 cubic feet in volume.
O.
The Utility shall upon completion of construction provide the Borough
with as-built drawings and a map showing the location of the facility
and equipment.
P.
Fewest possible new poles. The Utility 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.
A.
The Utility, or its agent or contractor, shall restore, repair and/or
replace any portion of the Public R.O.W. that is damaged or disturbed
by the Utility's Communications Facilities, Poles, or work in
or adjacent to the Public R.O.W.
B.
If the Utility fails to timely restore, repair, or replace the Public
R.O.W. as required in this subsection, the Borough or its contractor
may do so and the Utility shall pay the Borough's costs and expenses
in completing the restoration, repair or replacement.
C.
Within 90 days following written notice from the Borough, the Utility
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
of its Communications Facilities, Poles or Support Structures within
the Public R.O.W., including relocation of above-ground Communications
Facilities underground (consistent with the provisions of this article),
whenever the Borough has determined, in its sole discretion, that
such removal, relocation, change or alteration is necessary for the
construction, repair, maintenance or installation of any Borough improvement,
the operations of the Borough in, under or upon the Public R.O.W.,
or otherwise is in the public interest. The Utility shall be responsible
to the Borough for any damages or penalties it may incur because of
the Utility's failure to remove or relocate Communications Facilities,
Poles or Support Structures as required in this subsection. If removal
or relocation is requested by the Borough, the Borough will work in
good faith to identify a suitable alternative site and such removal
or relocation shall not require an additional permit.
D.
The Borough retains the right and privilege to cut or move any Communications
Facility, Pole or, Support Structure located within the Public R.O.W.
of the Borough, as the Borough may determine, in its sole discretion,
to be necessary, appropriate, or useful in response to any public
emergency. If circumstances permit, the Borough shall notify the Utility
and give the Utility an opportunity to move its own facilities prior
to cutting or removing the Communications Facility, Pole or Support
Structure. In all cases, the Borough shall notify the Utility after
cutting or removing the Communications Facility, Pole, or Support
Structure as promptly as reasonably possible. Emergency response shall
be coordinated between the Borough and Utility to the extent practicable
under the circumstances.
E.
A Utility shall notify the Borough of abandonment of any Communications
Facility, Pole Support, or Structure at the time the decision to abandon
is made, however, in no case shall such notification be made later
than 30 days prior to abandonment. Following receipt of such notice,
the Utility shall remove its Communications Facility, Pole, or Support
Structure at the Utility's own expense, unless the Borough determines,
in its sole discretion, that the Communications Facility, Pole or
Support Structure may be abandoned in place. The Utility shall remain
solely responsible and liable for all of it Communications Facilities,
Poles, and Support Structures until they are removed from the Public
R.O.W. unless the Borough agrees in writing to take ownership of the
abandoned Communications Facilities, Poles, or Support Structures.
The Utility shall remain liable for annual R.O.W. occupancy fee for
balance of term.
F.
If the Utility fails to timely protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter any of its Communications
Facilities, Poles or Support Structures or remove any of its abandoned
Communications Facilities, Poles or Support Structures as required
in this subsection, the Borough or its contractor may do so and the
Utility shall pay all costs and expenses related to such work, including
any delay damages or other damages the Borough incurs arising from
the delay.
A.
Every Right-of-Way Permit application must include a Right-of-Way
Permit Fee in the following amounts:
(1)
For applications that do not include the installation of any new
structures within a Public Right-of-Way, the application fee shall
be $500 for up to five Communications Facilities with an additional
$100 for each Communications Facility beyond five.
(2)
For applications that include the installation of a new structure
within a Public Right-of-Way, the application shall be $1,000 for
up to five Communications Facilities with an additional $100 for each
Communications Facility beyond five.
(3)
In addition to the Right-of-Way Permit Fee, the Zoning Officer may,
in his or her own discretion, require the posting of a $2,500 Deposit
towards Anticipated Municipal Expenses related to an application made
pursuant to this article. The Utility's Deposit towards Anticipated
Municipal Expenses shall be placed in an escrow account.
(4)
The Deposit shall be held in escrow to be billed against actual incurred
costs. Any expenses above the escrow shall be invoiced to the Utility
directly and shall be paid by the Utility prior to the issuance of
any Permit.
(5)
The Chief Financial Officer shall, upon request by the Utility after
a final decision has been made by the Borough Commission regarding
his or her pending Right-of-Way Permit application, refund any unused
balance from the Utility's Deposit towards Anticipated Municipal
Expenses.
(6)
The Annual ROW Occupancy Rate shall be $350 per year per Small Wireless
Facility 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 Right-of-Way Use Agreement between
Borough and the Utility.
(7)
Other fees. The Utility shall be subject to any other generally applicable
fees of the Borough or other government body, such as those required
for electrical permits, building permits, or street opening permits,
which the Utility shall pay as required in the applicable Laws, as
well as attachment fees for the use of the Borough owned Poles, Support
Structures, ducts, conduits or other structures in the Public R.O.W.,
as set forth in attachment agreements authorizing such use.
B.
Permit required. Unless expressly authorized in this article or in
writing by the Borough, no Person may construct, install, modify,
expand, alter or maintain in the Public R.O.W. any Communications
Facilities, Poles built for the sole or primary purpose of supporting
Communications Facilities, including the installation or Collocation
of Communications Facilities on existing Poles, Support Structures
or other structures within the Public R.O.W. without first receiving
a Permit. Notwithstanding the foregoing, in the event of an emergency,
a Utility or its duly authorized representative may work in the Public
R.O.W. prior to obtaining a Permit, provided that the Utility shall
attempt to contact the Borough prior to commencing the work and shall
apply for a Permit as soon as reasonably possible, but not later than
24 hours, after commencing the emergency work. For purposes of this
subsection, an "Emergency" means a circumstance in which immediate
repair to damaged or malfunctioning facilities is necessary to restore
lost service or prevent immediate harm to persons or property.
C.
All applications made under this section shall be expedited to comply
with the shot clocks set forth in the Federal Communications Commission
Order titled "Accelerating Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment; Accelerating Wireline Broadband
Deployment by the Removal of Barriers to Infrastructure Investment."
WT Docket No. 17-79; WC Docket No. 17-84.
D.
The Application shall be made by the Utility or its representative
and shall contain the following:
(1)
A description of the proposed work and the purposes and intent of
the proposed Communications Facility, Pole, Support Structure or Small
Wireless Facility (as applicable) sufficient to demonstrate compliance
with the provisions of this article.
(2)
If applicable, a copy of the authorization for use of the property
from the Pole or Support Structure owner on or in which the Communications
Facility will be placed or attached.
(3)
Detailed construction drawings regarding the proposed Communications
Facility, Pole, Support Structure or Small Wireless Facility (as applicable).
Construction drawings shall include, at minimum, a clear delineation
of the right-of-way, distance of the proposed Communications Facility,
Pole or Support Structure from certain existing right-of-way features
such as curb ramps for handicap accessibility pursuant to the Americans
with Disabilities Act, sidewalk width and other details standard for
these types of telecommunications installations in the public right-of-way.
(4)
Prior to installation of Communications Facility, including but not
limited to Collocation on a Pole or Support Structure, a structural
report performed by a duly licensed engineer evidencing that the Pole
or Support Structure will structurally support the Communications
Facility in accordance with Applicable Codes.
(5)
For any new aboveground facilities, accurate visual depictions or
representations.
(6)
The Utility shall certify that they shall market the availability
of approved facilities to all major wireless carriers in the marketplace.
The Utility shall further certify that they will encourage, manage,
and coordinate the location and placement of any interested carrier's
equipment on the structure.
(7)
The application and permitting processes set forth herein may be
revised, supplemented, or otherwise amended or replaced by resolution
of the Borough.
E.
Every application for a Proposed Pole made pursuant to this article
must include a stamped survey prepared by a New Jersey licensed surveyor
demonstrating that any such Proposed Pole is located within the Municipal
Right-of-Way. Any such application which does not include such a survey
shall immediately be deemed incomplete.
F.
Material changes. Unless otherwise agreed to in writing by the Borough,
any material changes to an Application, as determined by the Borough
in its sole discretion, shall be considered a new application for
purposes of the time limits set forth in Chapter, unless otherwise
provided by application Laws.
G.
Duration. Any Permit for construction issued under this article shall
be valid for a period of 365 days after issuance, provided that the
period may be extended for up to an additional 180 days upon written
request for the Utility (made prior to the end of the initial 365-day
period) if the failure to complete construction is because of circumstances
beyond the reasonable control of the Utility.
H.
Batch permit. A Utility may simultaneously submit no more than five
Applications for Communications Facilities, or may file a single,
consolidated Application covering such Communications Facilities,
provided that the proposed Communications Facilities are to be deployed
on the same type of structure using similar equipment and within an
adjacent, related geographic area of the Borough. If the Utility files
a consolidated application, the Utility shall pay the application
fee calculated as though each Communications Facility were a separate
Application.
I.
Ordinary maintenance and repair. A Permit shall not be required for
Ordinary Maintenance and Repair. The Utility or other Person performing
the Ordinary Maintenance and Repair shall obtain any other permits
required by applicable laws and shall notify the Borough in writing
at least 48 hours before performing the Ordinary Maintenance and Repair.
Notwithstanding the foregoing, the Borough reserves the right to inspect
the Utility's Small Wireless Facilities at any time to determine
if the existing configuration matches the configuration contained
in the most recently issued Permit, and the applicable Right-of-Way
Use Agreement. The Utility shall bear costs for said inspections.
J.
If it is determined that an existing Small Wireless Facility is found
to be larger than the dimensions specified in the most recently issued
applicable Permit, then the Utility shall be in violation of this
article. The Utility shall receive notice from the Borough and, upon
receipt of such notice, be required to restore the site within 10
days to the configuration of the most recently approved Permit or
retroactively apply for Administrative Approval for the unapproved
modifications.
A.
Telecommunications carriers use various methodologies and analysis
tools, including geographically based computer software, to determine
the specific technical parameters of facilities, such as expected
coverage area, antenna configuration and topographic constraints that
affect signal paths. In certain instances, there may be a need for
expert review by a third party of the technical data submitted by
the Utility. The Borough may require such a technical review to be
paid for by the Utility for a telecommunications facility.
B.
The selection of the third-party expert may be by mutual agreement
between the Utility and the Borough or at the discretion of the Borough,
with a provision for the Utility and interested parties to comment
on the proposed expert and review its qualifications. The expert review
is intended to be a site-specific review of technical aspects of the
facilities and not a subjective review of the site selection.
C.
Based on the results of the third-party review, the Borough may require
changes to the application for the facility that comply with the recommendation
of the expert.
D.
Any Communications Facilities in the Public Rights-of-Way existing
at the time of the adoption of the provisions of this article, whether
a Right-of-Way Use Agreement exists or is in force and effect regarding
same, shall be required to comply with the provisions of this article.
E.
Any Right-of-Way Use Agreements entered between the Borough and any
Utility regarding Communications Facilities in the Public Rights-of-Way
shall be required to conform to the provisions and standards of this
article. To the extent the provisions of any existing such agreement
conflict with this article, said provisions, at the discretion of
the Borough, shall be replaced and superseded by the applicable terms
of this article.
