A. 
Any communications facilities in the public rights-of-way existing at the time of the adoption of the provisions of this Part, 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 Part.
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 Part. To the extent the provisions of any existing municipal agreement conflict with this Part, said provisions shall be replaced and superseded by the applicable terms of this Part.
In addition to compliance with the applicable provisions of this Part, prior to the start of any installation of poles, support structures, 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.
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.
Violation of any of the provisions of this Part 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.
This Part 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 all applicable codes and ordinances of the Borough.
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 Part 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.