[R.O. 1966 § 22:1-1; Ord. 6 S+FM, 4-20-1988 § 1; amended 8-5-2020 by Ord. No. 6PSF-D,
08-05-2020]
As used in this Title:
Shall mean an apparatus designed for the purpose of emitting
or receiving radiofrequency (RF) radiation, to be operated or operating
from a fixed location pursuant to FCC authorization, for the transmission
or reception of writing, signs, signals, data, images, pictures, and
sounds of all kinds. For purposes of this definition, the term antenna
does not include an unintentional radiator, mobile station, or device
authorized under the U.S. Code of Federal Regulations, 47 C.F.R. Part
15.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean any permanently uncovered or grating-covered opening
below the surface of the street.
Shall mean any vertical shaft, not exceeding 25 square feet
in gross cross sectional area, opening through the surface of a street
together with an approved cover for the same.
Shall mean any and all equipment and installations of any
kind located in whole or part in the streets and used to provide telecommunications
services, information services or cable services other voice, video
or data services, including, but not limited to any optical repeaters,
converters, power amplifiers, radios, multiplexers, remote radioheads,
antenna, aboveground and underground fiber optic and coaxial cable,
conduit, wires, meters, pedestals, power switches, cabinets, enclosures,
and control boxes, utility poles and supporting structures, whether
new, existing or replacement structures, and whether referred to singly
or collectively, but does not include facilities of an electric utility
used solely in connection with the provision or management of electrical
services or facilities.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean the sum of money paid to the City as one of the
conditions precedent to the granting of a permit, which sum, less
any cost or expenses to the City, is returnable to the depositor as
provided for by ordinance.
Shall mean the Director of the Department of Engineering
or his designee.
Shall mean the Federal Communications Commission, or a successor
agency.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean the sum of money paid to the City as one of the
conditions precedent to the granting of a permit, no part of which
sum is returnable to the payor.
Shall mean any vehicle that is legally licensed and can move
along the streets and highways with other vehicles and can turn corners
with facility without impeding traffic.
Shall mean any public property or place dedicated to public
use.
Shall mean that portion of the street set apart for the use
of vehicular traffic or as a parkway, and which is included between
the curb lines.
Shall mean any pipe, conduit or wire taken off a main supply
line to furnish service to a consumer.
Shall mean that portion of the street other than the roadway.
Shall mean any permanent opening through the surface of a
street for descending to a cellar or basement together with an approved
sidewalk cellar door as a cover.
Shall mean any shaft or opening through the surface of a
street utilized for mechanical conveyance of goods, together with
an approved cover for such shaft or opening.
Shall mean the full width of the area dedicated to public
use, extending from the property line on one side to the property
line on the other side, including the roadway and sidewalk, of any
public street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert or bridge, and with respect to any public utility
as defined in N.J.S.A. 48:2-13 or cable television company as defined
in N.J.S.A. 48:5A-3, shall also include any right-of-way as defined
in N.J.S.A. 48:3-17.9.
[Amended 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean any clock supported over or upon any public street.
Shall mean any structure located in whole or in part in the
street which can be used to support an antenna including an: (1) An
"existing supporting structure" which is a supporting structure that
can support an antenna in place at the time of an application which
is neither a replacement or new support structure; (2) A "replacement
support structure" which is a support structure that would replace
an existing vertical structure; and (3) A "new support structure"
which is a vertical structure that would be an installed for the purpose
of supporting an antenna without replacing another structure.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean a wireless telecommunications facility intended
or used to provide wireless services on a temporary or emergency basis,
such as a large scale special event in which more users than usual
gather at a location or when a disaster requires additional service
capabilities. Temporary wireless telecommunications facilities include
without limitation, cells on wheels, sites on wheels, cells on light
trucks, or other similar wireless telecommunications facilities: (1) That
will be in place for no more than 60 days (or such other longer time
as the City may allow in light of the event or emergency); (2) For
which required notice is provided to the Federal Aviation Administration
(FAA); (3) That do not require marking or lighting under FAA regulations;
(4) That will be less than 100 feet in height; and (5) That will either
involve no excavation or involve excavation only as required to safely
anchor the facility, where the depth of previous disturbance exceeds
the proposed construction depth (excluding footings and other anchoring
mechanisms) by at least two feet.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall have the same meaning as the term tower as defined
at 47 C.F.R. § 1.6100. This definition does not include
utility poles, streetlight, or traffic signal poles that support wireless
telecommunications facilities.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean those areas where there are no electrical distribution
lines or lines of the incumbent local exchange carrier aboveground
in the streets; or where the same are scheduled to be converted from
overhead to underground. Electrical distribution facilities do not
include transmission facilities used or intended to be used to transmit
electricity at nominal voltages in excess of 35,000 volts.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean any covered opening below the surface of the street
except areaways, coalhole or shafts, manhole shafts, hoistways or
sidewalk cellar entrances.
Shall mean all equipment, wiring, enclosures, power supplies,
meters, disconnects and other devices, other than an antenna at a
fixed location and required or used in connection with the provision
of wireless services.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean a person that owns, controls, operates or manages
a wireless telecommunication facility or portion thereof that is not
a wireless service provider.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean any FCC-authorized wireless communications service
provided using licensed or unlicensed spectrum, including the use
of Wi-Fi.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean every person who provides wireless services to
end users.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean the manual, as it may be amended from time to
time by the Director, in which those regulations pertaining to the
placement of wireless telecommunications facilities in the streets
shall be consolidated.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
Shall mean all elements of a facility at a fixed location
used in connection with the provision of any wireless service to the
public, but excluding the supporting structure to which the base station
is attached or within which it is enclosed. Provided that, the term
does not include a wireless telecommunications facilities owned and
operated by the City or any governmental agency for its use, or public
safety uses.
[Added 8-5-2020 by Ord.
No. 6PSF-D, 08-05-2020]
[R.O. 1966 § 22:1-2]
The Director is hereby authorized and directed to establish
such rules and regulations as will insure the effective operation
of the provisions of this Title.
[R.O. 1966 § 22:1-3]
All permits authorized by the provisions of this Title shall
be issued by the Director or his duly authorized representative.
[R.O. 1966 § 22:1-4]
The application for any permit and the payment of fees and deposits
shall be made to the Director in such form, and accompanied by such
information as the regulations of the Director may prescribe.
[R.O. 1966 § 22:1-5]
a.
The Director shall incorporate in the terms of the permit such conditions
as will provide for the safety and convenience of the public, the
safeguarding of public property and the regulation of traffic.
b.
Each permit shall be deemed issued subject to and controlled by the
provisions of this Title and of other applicable ordinances of the
City and the regulations of the Director.
[R.O. 1966 § 22:1-6]
Upon violation of any provisions of this Title, or of any of
the terms or conditions stated in the permit, the Director may revoke
any permit issued hereunder. No rebate shall be made of any fee or
part of a fee paid for the permit, as the result of such revocation.
[Ord. 6 S+FF, 12-18-1985; Ord. 6 S+FM, 4-20-1988 § 22:1-7; 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Engineering and duly authorized
designees, the Directors of the Departments of Recreation, Cultural
Affairs and Senior Services, Department of Health and Community Wellness
and all employees of the Health and Inspection Divisions, the Directors
of the Department of Economic and Housing Development and the Department
of Public Safety and their duly authorized designees; all municipal
elected officials and all law enforcement officers of the Division
of Police, are hereby authorized and empowered to perform as law enforcement
officers solely with respect to the enforcement of the provisions
of this Title by being empowered to issue summons for any violations
thereof in accordance with the Rules Governing the Courts of the State
of New Jersey.
