[HISTORY: Adopted by the Mayor and Council of the Borough
of Ridgefield 6-14-2021 by Ord.
No. 2416.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
391 but was renumbered to maintain the organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Ministerial review of an application by the designee and
engineer to determine whether the issuance of a permit is in conformity
with the applicable provisions of this chapter.
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the authority, including
any amendments adopted by the authority, or otherwise are applicable
in the jurisdiction.
Any person or entity who submits an application under this
chapter.
A written request, on a form provided by the Borough of Ridgefield.
The Mayor and Council of the Borough of Ridgefield.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small wireless facility is attached
at the time of the application.
Has a corresponding meaning.
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including:
i) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and ii) all other equipment
associated with any of the foregoing. A communications facility does
not include the pole, tower or support structure to which the equipment
is attached.
Cable service, as defined in 47 U.S.C. § 522(6);
information service, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable
operator as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
Hoplite Communications, LLC, the person appointed by the
Borough to serve as the initial point-of-contact and consultant for
the Borough for all matters concerning this chapter, and who may be
contracted for professional services.
An eligible facilities request as set forth in 47 CFR 1.6100,
as that section may be amended from time to time.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure, pole or tower, that does
not require blocking, damaging or disturbing any portion of the public
ROW.
A written authorization to install, at a specified location(s)
in the public ROW, a communications facility, tower or a pole to support
a communications facility.
An applicant that has received a permit under this chapter.
An individual, corporation, limited-liability company, partnership,
association, trust or other entity or organization, including a governmental
entity.
A legally constructed pole, such as a utility, lighting or
similar pole made of wood, concrete, metal or other material, located
or to be located within the public right-of-way. A pole does not include
a tower or support structure and does not include a pole or structure
that supports electric transmission lines.
A communications service provider or a wireless services
provider, and includes any person that owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities or towers.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
or similar purpose. The term does not include a federal interstate
highway, state highway, county right-of-way or other areas that are
not within the legal jurisdiction, ownership or control of the authority.
In connection with an existing pole, support structure or
tower, 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 chapter and any other applicable regulations
in order to address limitations of the existing structure to structurally
support co-location of a communications facility.
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.
The State of New Jersey.
A structure in the public ROW other than a pole or a tower
to which a wireless facility is attached at the time of the application.
The visual elements of a street, including the road, adjoining
buildings, street furniture, trees and open spaces, etc., that combine
to form the street's character.
Any structure in the public ROW built for the sole or primary
purpose of supporting a wireless facility. A tower does not include
a pole or a support structure.
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 co-located; or ii) coaxial, fiber-optic 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.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
Prior to 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, or any tower, a person shall enter into
a right-of-way use agreement with the Borough of Ridgefield expressly
authorizing use of the public right-of-way for the communications
facility, pole or tower proposed to be installed.
A.
The term of the R.O.W. license agreement shall not exceed 30 years.
B.
The R.O.W. license agreement authorizes the provider's nonexclusive
use of the public R.O.W. for the sole purpose of installing, maintaining
and operating communications 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 chapter 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 provider 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 agreement. Nothing herein shall
authorize the use of the Borough's poles, towers, support structures,
or other structures in the public R.O.W. All use of the Borough's
poles, towers, support structures and other structures in the public
R.O.W. shall require a separate agreement and the payment of separate
fees for such use.
C.
The provider shall, at its sole cost and expense, keep and maintain
its communications facilities, poles, support structures and towers
in the public R.O.W. in a safe condition, and in good order and repair.
D.
The provider shall provide insurance and indemnification of the Borough
as described in the R.O.W. license agreement. The insurance coverage
limits must be at least as broad as follows:
(1)
Workers' compensation and employer's liability insurance.
Provider shall provide proof of workers' compensation insurance
and be in compliance with the workers' compensation law of the
State of New Jersey. Employer's liability: Limit of liability
shall be a minimum of $500,000 in accordance with New Jersey statute.
(2)
Comprehensive general liability. Comprehensive general liability
("CGL") insurance with limits no less than $2,000,000 per occurrence.
(3)
Automobile liability. Automobile liability insurance covering claims
for bodily injury and property damage arising from all owned, hired
and nonowned vehicles with limits of not less than $1,000,000 combined
single limit.
A.
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,
or towers without first receiving a permit to the extent required
under this chapter, and any subsequent permits or authorizations required
by applicable laws or the authority.
B.
The authority shall not issue a permit unless the applicant, or a
provider on whose behalf the applicant is constructing communications
facilities, poles or towers, has applied for and received the R.O.W.
license agreement required by this chapter, or otherwise has a current
and valid franchise with the Borough expressly authorizing use of
the public R.O.W. for the communications facilities, poles or towers
proposed in the application, and all applicable fees have been paid.
C.
The provider shall not locate or maintain its communications facilities,
wireless facilities, support structure, poles and towers so as 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.
A.
Height. No pole shall be taller than 50 feet in height including
the antennas or 110% of the height of poles in the surrounding streetscape,
whichever is higher.
B.
Distance from curbline. No pole shall be farther than five feet from
the curbline.
C.
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(1)
Is replacing an existing pole; or
(2)
Is approved by the authority; or
(3)
Is located within the municipal right-of-way; and
(4)
Is at least 150 linear feet from any other existing pole or proposed
pole, which is used to support a small wireless facility; and
(5)
Is not located in an area with underground utilities except as specified in Subsection I below; and
(6)
Does not inhibit any existing sight triangles; and
(7)
Allows adequate room for the public to pass and repass across the
right-of-way; and
(8)
Applicant will heed reasonable requests by the authority to utilize
stealth technology and decorative poles when requested to preserve
the existing character and streetscape and minimize impact on surrounding
properties by causing the proposed pole and small cell to blend in
compatibly with their background.
D.
The authority may require new poles to be decorative poles if appropriate.
E.
Pole-mounted antennas are permitted on new and existing poles, provided
that each pole-mounted antenna:
(1)
Does not exceed three cubic feet in volume; and
(2)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as 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.
F.
Pole-mounted cabinets are permitted on new and existing poles, provided
that each pole-mounted cabinet:
(1)
Does not exceed 16 cubic feet; and
(2)
Is finished and/or painted and otherwise camouflaged in conformance
with best available stealth technology methods so as to blend in compatibly
with its background and so as 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.
G.
The authority may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
H.
Ground-mounted equipment may be used only to house equipment and
other supplies in support of the small wireless facility.
I.
Underground utilities. Unless otherwise agreed to in writing by the
authority or otherwise required by applicable laws, whenever any existing
electric utilities or communications facilities are located underground
within a public R.O.W., the provider with permission to occupy the
same portion of the public R.O.W. shall locate its communications
facilities underground at its own expense. The authority may, in its
sole discretion, approve aboveground placement of equipment cabinets,
pedestals and similar equipment. For facilities or equipment such
as wireless facilities that cannot, by their nature, operate unless
located aboveground, the provider and authority shall work to find
a suitable location for such facilities or equipment, and which may
be outside the public R.O.W., only if the authority owns or otherwise
manages said locations and has the authority to make them available
to applicant for its communications facilities under similar terms
and conditions as locations are made available in the public R.O.W.
The applicant shall not be compelled to locate its aboveground wireless
facilities on private property that is not owned, controlled or otherwise
managed by the Borough.
J.
All wireless equipment associated with the pole or tower, including
the wireless equipment associated with the antenna and any preexisting
associated equipment shall not be more than 28 cubic feet in volume.
K.
The provider shall upon completion of construction provide the Borough
with as-built drawings and a map showing the location of the facility
and equipment.
L.
Fewest possible new poles. Applicant 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.
M.
Fewest possible small wireless facilities. Applicant shall minimize
the number of new proposed small wireless facilities in the right-of-way
to the fewest possible to meet its coverage and capacity requirements.
A.
The provider, 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 provider's communications facilities, poles, towers or
work in or adjacent to the public R.O.W.
B.
If the provider fails to timely restore, repair or replace the public
R.O.W. as required in this subsection, the authority or its contractor
may do so and the provider shall pay the authority's costs and
expenses in completing the restoration, repair or replacement.
A.
Within 30 days following written notice from the authority, the provider
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, support structures or towers
within the public R.O.W., including relocation of aboveground communications
facilities underground (consistent with the provisions of this chapter),
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 provider shall be responsible
to the Borough for any damages or penalties it may incur as a result
of the provider's failure to remove or relocate communications
facilities, poles, support structures or towers as required in this
subsection.
B.
The Borough retains the right and privilege to cut or move any communications
facility, pole, support structure or tower 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 provider and
give the provider an opportunity to move its own facilities prior
to cutting or removing the communications facility, pole, support
structure or tower. In all cases, the Borough shall notify the provider
after cutting or removing the communications facility, pole, support
structure or tower as promptly as reasonably possible.
C.
A provider shall notify the Borough of abandonment of any communications
facility, pole, support structure or tower 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 provider shall remove its communications facility,
pole, support structure or tower at the provider's own expense,
unless the Borough determines, in its sole discretion, that the communications
facility, pole, support structure or tower may be abandoned in place.
The provider shall remain solely responsible and liable for all of
it communications facilities, poles, support structures and towers
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, support structures or towers.
D.
If the provider fails to timely protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter any of its
communications facilities, poles, support structures or towers or
remove any of its abandoned communications facilities, poles, support
structures or towers as required in this section, the Borough or its
contractor may do so and the provider 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.
One-time fees and recurring rates. As consideration to the Borough
for entering into the right-of-way use agreement and also as a condition
precedent for the issuance of any required permit pursuant to this
chapter, the applicant shall pay the required one-time fees and recurring
rates as set forth in this section, and which may be amended or modified
from time to time per revision and modification to local, state and
federal laws and regulations. Said fees shall include application
or one-time fees and recurring right-of-way occupancy rates.
B.
Permit application escrow. A permit application escrow of $1,000
per new small wireless facility, including any new pole or support
structure, as applicable, and $500 per alteration, expansion, modification
to an existing small wireless facility or pole or support structure,
shall be submitted along with each application for a permit and held
in escrow to be billed against actual incurred costs. Any expenses
above the escrow shall be invoiced to applicant directly and shall
be paid by applicant prior to the issuance of any permit.
C.
Reasonable approximation. All one-time fees will be a reasonable
approximation of objectively reasonable costs.
D.
One-time fees apply to all work. One-time fees and event fees apply
to the initial installation of facilities as well as to any subsequent
upgrade, replacement, expansion, modification or alteration of same,
with each instance of an upgrade, expansion, alteration, modification
or repair being a separate project subject to a permit application
and one-time fees. Ordinary maintenance and repair does not trigger
any one-time fees.
E.
Designee consulting fee. Applicant shall be responsible for designee
consulting fees which will be a reasonable reflection of objectively
reasonable costs, and which shall be first paid to designee via the
permit application escrow. Said fee shall be at the rate of $350/hour
and shall not exceed three hours per installation, modification, alteration,
upgrade or expansion of a small wireless facility or pole or support
structure. Said consultation shall supplement Borough personnel with
expertise and knowledge not otherwise possessed by Borough agents
and officials.
F.
Annual ROW occupancy rate shall be $270 per annum, 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 applicant.
G.
Annual attachment rate, equal to an amount that represents a reasonable
approximation of the objectively reasonable costs incurred by the
Borough for the attachment of each small wireless facility to Borough-owned
structures in the public right-of-way. This amount shall be paid within
30 days of issuance of the applicable permit(s) and annually thereafter.
The annual rates in this subsection and the annual ROW occupancy rate
subsection combined shall not exceed $270 annually per small wireless
facility location.
H.
All fees and rates will be applied in a nondiscriminatory manner
to all communications service providers.
I.
Other fees. The applicant or provider 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 applicant or provider shall pay
as required in the applicable laws, as well as attachment fees for
the use of the Borough-owned poles, towers, support structures, ducts,
conduits or other structures in the public R.O.W., as set forth in
attachment agreements authorizing such use.
J.
No refund. Except as otherwise provided in the right-of-way agreement;
franchise agreement; license, the provider may remove its communications
facilities, poles or towers from the public R.O.W. at any time, upon
not less than 30 days' prior written notice to the Borough, and
may cease paying the Borough any applicable recurring fees for such
use, as of the date of actual removal of the facilities and complete
restoration of the public R.O.W. In no event shall a provider be entitled
to a refund of any fees paid prior to removal of its communications
facilities, poles or towers.
A.
Permit required. Unless expressly authorized in this chapter or in
writing by the authority, 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 or towers, including the installation or
co-location of communications facilities on existing poles, towers,
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 provider or its duly authorized representative
may work in the public R.O.W. prior to obtaining a permit, provided
that the provider 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.
B.
Permit application requirements. The application shall be made by
the provider or its duly authorized representative and shall contain
the following:
(1)
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
(2)
The names, addresses, telephone numbers and email addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(3)
A description of the proposed work and the purposes and intent of
the proposed communications facility, pole, tower, support structure
or wireless facility (as applicable) sufficient to demonstrate compliance
with the provisions of this chapter.
(4)
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
(5)
Detailed construction drawings regarding the proposed communications
facility, pole, tower, support structure or 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.
(6)
To the extent the proposed facility involves co-location on a pole,
tower or support structure, a structural report performed by a duly
licensed engineer evidencing that the pole, tower or support structure
will structurally support the co-location (or that the pole, tower
or support structure will be modified to meet structural requirements)
in accordance with applicable codes.
(7)
For any new aboveground facilities, accurate visual depictions or
representations. If not included in the construction drawings.
(8)
The following additional permits, approvals and authorization, as
each is reasonably applicable to the proposed application:
(a)
Street opening permit, per Borough procedure.
(b)
Construction permit, per Borough procedure. This requirement
may be waived if the appropriate code official determines that it
is unnecessary per the proposed construction and installation of facilities.
(c)
County approval, for sites located in the county R.O.W.
C.
Proprietary or confidential information in application. Applications
are public records that may be made publicly available pursuant to
the New Jersey Open public Records Act.[1] Notwithstanding the foregoing, applicant may designate
portions of its application materials that it reasonably believes
contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each portion of such materials accordingly,
and the Borough shall treat the information as propriety and confidential,
subject to the New Jersey Open public Records Act and the Borough's
determination that the applicant's request for confidential or
proprietary treatment of application materials is reasonable. The
Borough shall not be required to incur any costs to protect the application
materials from disclosure, other than the Borough's routine procedures
for complying with the New Jersey Open public Records Act.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
D.
Ordinary maintenance and repair. A permit shall not be required for
ordinary maintenance and repair. The provider 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 authority reserves the right to
inspect applicant's small wireless facilities at any time in
order to determine if the existing configuration matches the configuration
contained in the most recently issued permit, and the applicable right-of-way
use agreement. Applicant shall bear no costs for said inspections.
However, 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 applicant shall be in violation of
this chapter. Applicant 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. In such instances, applicant will be responsible for
costs and fees incurred by the authority to perform inspections and
review.
E.
Material changes. Unless otherwise agreed to in writing by the authority,
any material changes to an application, as determined by the authority
in its sole discretion, shall be considered a new application for
purposes of the time limits set forth in this chapter, unless otherwise
provided by applicable laws.
F.
Application fees. Unless otherwise provided the applicable laws,
all applications pursuant to this chapter shall be accompanied by
the required fees.
G.
Effect of permit. A permit from the authority authorizes an applicant
to undertake only the activities in the public R.O.W. specified in
the application and permit, and in accordance with this chapter and
any general conditions included in the permit. A permit does not authorize
attachment to or use of existing poles, towers, support structures
or other structures in the public R.O.W.; a permittee or provider
must obtain all necessary approvals from the owner of any pole, tower,
support structure or other structure prior to any attachment or use.
A permit does not create a property right or grant authority to the
applicant to interfere with other existing uses of the public R.O.W.
H.
Duration. Any permit for construction issued under this chapter 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 applicant (made prior to the end of the initial 365-day
period) if the failure to complete construction is as a result of
circumstances beyond the reasonable control of the applicant.
I.
Batch permit. An applicant may simultaneously submit not more than
25 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 applicant
files a consolidated application, the applicant shall pay the application
fee calculated as though each communications facility were a separate
application.
Nothing in this chapter shall relieve the applicant from complying
with the provisions of the Uniform Construction Code. No building
permit, however, shall issue unless and until and R.O.W. permit is
first issued as provided above.
A.
Preapplication meeting. Prior to making a formal application with
the Borough for use of the municipal right-of-way, all applicants
are advised to meet voluntarily with the Borough engineer and designee
to review the scope of the applicant's proposal.
B.
All applications made under this chapter shall be expedited so as
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 Barrier to Infrastructure Investment."
WT Docket No. 17-79; WC Docket No. 170-84.
C.
The Borough engineer and designee shall review all applications for
the placement of new poles and ground-level cabinets within the municipal
R.O.W. and the placement of pole-mounted antennas and pole-mounted
cabinets within the municipal R.O.W. and advise the authority whether
the application is complete and whether it meets the requirements
of this chapter.
D.
Except as otherwise provided by applicable laws, the authority shall
within 30 days of receiving an application, notify the applicant if
the application is incomplete and identify the missing information.
The applicant may resubmit the completed application within 10 days
without additional charge, in which case the authority shall have
30 days from receipt of the resubmitted application to verify the
application is complete, notify the applicant that the application
remains incomplete or, in the Borough's sole discretion, deny
the application.
E.
The authority shall review the application and, if the application
conforms with applicable provisions of this chapter, the authority
shall issue the permit, subject to the standard permit requirements
published by the Borough.
F.
The authority shall make its final decision to approve or deny the
application within 60 days for a co-location of a small wireless facility
to an existing structure, and 90 days to deploy a small wireless facility
on a new structure, after the application is complete (or deemed complete
in the event the Borough does not notify the applicant that the application
or resubmitted application is incomplete). Review of an application
to deploy a facility other than a small wireless facility using a
new structure shall be decided within 150 days.
G.
Waiver. The authority may waive any siting standard set forth in
this chapter where the applicant demonstrates that strict enforcement
of said standard:
(1)
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(2)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barrier to Infrastructure Investment."
WT Docket No. 17-79; WC Docket No. 170-84.
H.
The authority shall advise the applicant in writing of its final
decision.
Notwithstanding anything else in the Code of the Borough of
Ridgefield, the installation of antennas, small cells and other communication
devices and associated equipment in the public municipal roadway either
on existing or new poles are permitted and considered a permitted
use if a right-of-way use agreement and right-of-way permits are obtained
pursuant to this chapter.
This chapter 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 the applicable codes and ordinances of the Borough.
A.
Any communications facilities in the public rights-of-way existing
at the time of the adoption of the provisions of this chapter, whether
or not a right-of-way use agreement exists or is in force and effect
with regard to same, shall be required to comply with the provisions
of this chapter.
B.
Any right-of-way use 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 chapter. To the extent the provisions of any existing such
agreement conflict with this chapter, said provisions, at the discretion
of the Borough, shall be replaced and superseded by the applicable
terms of this chapter.
In addition to compliance with the applicable provisions of
this chapter, prior to the start of any installation of poles, support
structures, small wireless facilities or other communications facilities
that requires excavation, applicant shall contact New Jersey One Call
at 811 at least three full business days prior to the commencement
of work.
Violation of any of the provisions of this chapter 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 person or applicant. Each day, after
such notice, that a violation occurs or is permitted to exist by the
person or applicant constitutes a separate offense.
