(a) 
Before a public utility replaces or removes a utility pole or an underground facility located in the Town of Westfield, which utility pole or underground facility does not necessitate a permit as required by this chapter, the public utility shall notify the Town Engineer in writing, which may be by letter or email, not less than 48 hours before undertaking any excavation related to the replacement or removal of the utility pole or underground facility, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power or for the furnishing of water service or telephone or other telecommunications service on or below a public right-of-way in the Town. The Town Clerk of the Town of Westfield shall notify any public utility that provides service in the Town of the application of the provisions of this article.
(b) 
For the purposes of this article, "underground facility" means one or more underground pipes, cables, wires, lines, or other structures used for the supplying and distribution of electricity for light, heat, or power or for the providing of water service or for the furnishing of telephone or other telecommunications service.
After completing the placement, replacement, or removal of a pole or an underground facility pursuant to this article, the public utility shall remove from such right-of-way any pole or underground facility no longer in use as well as any other debris created from such placement, replacement or removal and immediately restore the property, including restoring the property pursuant to the requirements of Chapter 24, Article II, of the Town Code but not limited to the installation of hot patch as needed to restore the property within the right-of-way to its previous condition as much as possible. As used in this article, "hot patch" means the installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of a site for the placement or replacement of a pole or an underground facility pursuant to this article. The Town Engineer shall approve the method of restoration which may include infrared pavement repair.
(a) 
A permit for any small wireless facility shall be valid for a period of 15 years unless the Administrative Review Team authorizes a longer period, or the permit is revoked. At the end of such period, the permit shall expire.
(b) 
A permittee may apply for extensions of its permit in increments of no more than 10 years and no sooner than 12 months prior to expiration of the permit.
(c) 
If a permit has not expired at the time an application is made for an extension, the Administrative Review Team may extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of the Westfield Town Code that are in effect at the time the permit extension is granted.
(1) 
At the Administrative Review Team's discretion, additional studies and information may be required of the applicant.
(2) 
If the Administrative Review Team determines that the small wireless facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Westfield Town Code that are then in effect at the time of permit expiration, the Administrative Review Team may approve, conditionally approve, or deny the extension.
(a) 
A small wireless facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
(b) 
The operator of a small wireless facility shall notify the Town in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 10 days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Town Engineer of any discontinuation of operations of 30 days or more.
(c) 
Failure to inform the Town Engineer of cessation or discontinuation of operations of any existing small wireless facility as required by this section shall constitute a violation of any approvals and be grounds for:
(1) 
Prosecution;
(2) 
Revocation or modification of the permit;
(3) 
Calling of any bond or other assurance required by this chapter or conditions of approval of the permit;
(4) 
Removal of the wireless telecommunications facilities by the Town in accordance with the procedures established under such applicable sections of Articles VI and X of the Exterior Property Maintenance Code; and
(5) 
Any other remedies permitted under the Westfield Town Code.
(a) 
Grounds for revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition, or legal provision applicable to the small wireless facility.
(b) 
Revocation procedures.
(1) 
When the Town Engineer finds reason to believe that grounds for permit revocation exist, the Town Engineer shall send written notice by certified U.S. Mail, return receipt requested, to the permittee at the permittee's last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice, but no more than 30 days unless authorized by the Town Engineer, to cure the noncompliance or show that no noncompliance ever occurred.
(2) 
If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the Administrative Review Committee shall conduct a noticed public hearing to determine whether to revoke the permit for uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the Administrative Review Committee. After the noticed public hearing, the Administrative Review Committee may revoke or suspend the permit when it finds that the permittee had notice of the noncompliance and remained in noncompliance with an enforceable permit, permit condition or law applicable to the facility. Written notice of the Administrative Review Committee's determination and the reasons therefor shall be dispatched by certified U.S. Mail, return receipt requested, to the permittee's last known address. Upon revocation, the Administrative Review Committee may take any legally permissible action or combination of actions necessary to protect public health, safety, and welfare.
(a) 
Permittee's removal obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner, or operator shall remove its small wireless facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the Town. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the Town. The small wireless facility shall be removed from the site within 30 days, at no cost or expense to the Town.
(b) 
Failure to remove. Failure of the permittee, owner, or operator to promptly remove its small wireless facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Westfield Town Code, and be grounds for:
(1) 
Prosecution;
(2) 
Calling of any bond or other assurance required by this chapter or conditions of approval of permit;
(3) 
Removal of the facilities by the Town in accordance with the procedures established under such applicable sections of Articles VI and X of the Exterior Property Maintenance Code; or
(4) 
Any other remedies permitted under the Westfield Town Code.
(c) 
Summary removal. In the event the Town Engineer determines that the condition or placement of a small wireless facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Town Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal, and all property removed shall be preserved for the owner's pickup as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within 60 days, the facility shall be treated as abandoned property.
(d) 
Removal of wireless telecommunications facilities by Town. In the event the Town removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the Town for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the Town may collect such costs from the performance bond posted and, to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Westfield Town Code. Unless otherwise provided herein, the Town has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the Town destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the Town due to exigent circumstances.
(a) 
In the event that a utility service operator or the operator of a small wireless facility does not meet the requirements of this article IV concerning the removal of debris and the restoring of property, including but not limited to the installation of a hot patch, within a right-of-way to its previous condition within 90 days of placement, replacement or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed $100 each day until the requirements of this article IV are met, except that if the public utility or small wireless facility operator is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility or small wireless facility operator shall not be required to complete the hot patch installation until 60 days immediately following the end of the November through April period.
(b) 
At least five business days prior to the end of the ninety-day period established by this section, the municipality shall notify the public utility or small wireless facility operator that the penalties authorized by this section shall begin to be assessed against the public utility or small wireless facility operator after the end of the ninety-day period unless the utility complies with the requirements of this article.
(c) 
Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Superior Court and Municipal Court shall have jurisdiction to enforce the provisions of this article. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities or small wireless facility operators, the entity last removing its pipes, cables, wires, lines, or other structures shall be liable for the removal and restoration required under this article unless a written agreement between the respective public utilities or small wireless facility operators provides otherwise.
Under emergency conditions which significantly impact the placement of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility or small wireless facility operator, or which pose an imminent or existing threat of loss of electrical, water, power, telephone, or other telecommunications service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility or small wireless facility operator to prevent bodily harm or substantial property damage from occurring, the provisions of this article shall not apply when the public utility or small wireless facility operator undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility or small wireless facility operator undertaking such construction or excavation notifies the Town Engineer at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility or small wireless facility operator to comply with the removal and restoration requirements of this article after responding to the emergency.