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, 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
Township'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
Township 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 belowground 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 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 applicant. Each day, after such
notice, that a violation occurs or is permitted to exist by the applicant
constitutes a separate offense.
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 Chapter
208, Zoning, Article
XI, Communications Towers, as well as by other applicable codes and ordinances of the Township.
The Township Committee, or other Township person, agency or
department with the authority to do so, may waive any provision or
standard set forth in this chapter 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 Township.
As specified in §
209-4B herein, the designee shall be the initial point of contact for the Township for all matters concerning this chapter.
This chapter shall take effect 20 days after its adoption by
the Township Committee.