[Adopted 11-13-1922 by Ord. No. 209 (§§ 175-1 to 175-54 of the 1982 Code)]
A. 
Definitions. Unless otherwise expressly stated, the following terms, whenever used in this chapter, shall respectively be deemed to have the meanings indicated:
COUNCIL
The Mayor and Council of the Borough of Leonia.
DIRECTOR OF PUBLIC WORKS OR DIRECTOR
The Director of Public Works appointed by the Borough of Leonia or such person or persons as shall succeed to his office, powers or duties.
OCCUPANT
The owner, tenant, lessee or person in charge of or in control of or in possession of any building or premises or part thereof or of any personal property.
OWNER
The person, firm or corporation having the legal title to lands and premises or to personal property.
PERSON
An individual or individuals or a corporation, or voluntary association.
ROADWAY
That portion of the street lying between the curblines.
SIDEWALKS
The pavement between the curb- and property line.
STREET
Includes the portion thereof devoted to gutters, curbs and sidewalks.
B. 
Word usage. Singular includes the plural; masculine includes the feminine and also corporation and voluntary associations.
A. 
Application. No permit authorized by this chapter shall be granted except pursuant to an application, in writing, therefor, signed by the person desiring such permit or his agent, which application shall set forth such facts as the officer authorized to grant such permit shall require, and, when forms for such application are furnished by the Mayor and Council, it shall be upon such forms and shall set forth all the information required.
B. 
Refusal to issue permits; hearing. The officer authorized by this chapter to issue any permit is also authorized to refuse the issue of any permit, if in his opinion such refusal is in the interest of the public safety, public convenience or public health. In case any permit shall be refused by any such officer, an appeal from such officer’s determination may be taken to the Mayor and Council, and the Mayor and Council, after hearing the applicant and such officer and such other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the officer.
C. 
Revocation; appeal. No permit granted in pursuance of the provisions of this chapter shall create any vested rights, but such permit may be revoked at any time by the officer issuing it. Such revocation may be appealed to the Mayor and Council for its final determination.
D. 
Payment of fee required prior to issuance. No permit shall be issued until the fee therefor shall have been paid to the officer authorized to issue such permit, for the use of the Borough of Leonia.
A. 
Permit required for connection; inspection. No sewer connection shall be made without a permit therefor issued by the Director. The Director may make rules and regulations governing the manner and method of making such connections. No connection shall be covered until the same has been inspected by the Borough Engineer and approved by him.
B. 
Laying of private sewers. No person shall lay any private sewer in or through any street or portion thereof unless he shall first obtain written permission therefor from the Mayor and Council, which permission shall in all cases be subject to the following conditions, whether contained in such written permission or not:
(1) 
That such permission creates no vested rights and shall be revocable by the Mayor and Council at any time.
(2) 
That the location, plan and character of the sewer and its connections shall be approved by the Mayor and Council, and the work shall be done under the supervision of the Borough Engineer.
(3) 
That in case any other person may desire to connect with such sewer, the Mayor and Council may grant a revocable permit therefor to such person, upon condition that such person desiring to connect with such sewer shall pay to the applicant, its successors, heirs or assignees such sum as the Mayor and Council may deem equitable and just or such annual rental as the Mayor and Council may deem equitable and just.
(4) 
That the applicant, its successors, heirs or assignees will convey said sewer and all its appurtenances to the Borough at any time when such sewer may be connected with the sewage disposal plant of the Borough, and that the applicant, its successors, heirs or assignees will at such time pay the reasonable sum which will equal its reasonable proportion of the cost of the construction of the mains and sewage disposal plant. In case of a disagreement as to the amount to be paid, as herein provided, such question shall be referred to the Commissioners of Assessment of the Borough, whose determination shall be final and conclusive by both parties.
A. 
Maintenance. The owner or occupant of premises abutting any bluestone or concrete sidewalk shall maintain such sidewalk at all times in good and passable condition at a grade which will prevent water accumulating thereon and shall replace any flagstones which become broken and shall maintain the flagstones so that the joints thereof are even. The surface of all concrete sidewalks shall be kept properly roughened so as not to become smooth and slippery.
B. 
Repairs; cost of repairs.
(1) 
In case any sidewalk becomes out of repair, the owner or occupant of the lands abutting such sidewalk shall forthwith, upon receipt of written notice from the Property Maintenance Code Inspector, repair or cause the same to be repaired and made in a good and passable condition, and conform with the requirements of Subsection A of this section.
(2) 
In case the owner or occupant of the lands abutting such sidewalks shall fail to repair or cause the same to be repaired and made in good and passable condition and conform with the requirements of Subsection A within the time given in the notice from the Property Maintenance Code Inspector, it shall be the duty of the Property Maintenance Code Inspector, to cause such work to be done under his direction, and he shall certify the cost thereof to the Council.
(3) 
The cost of such repair as certified by the Property Maintenance Code Inspector, if found correct by the Council, shall forthwith become a lien upon the lands abutting or bordering any such sidewalk, and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, and shall bear the same interest as taxes.
(4) 
The Council shall, upon receiving a certificate of cost as aforesaid from the Property Maintenance Code Inspector, examine the same and, if found correct, shall adopt a resolution to that effect, directing that a certified copy thereof be delivered to the Collector of Taxes, who shall thereupon collect such charges at the time of the collection of the taxes next to be assessed and levied upon such lands and as a part thereof.
C. 
Driving on sidewalks prohibited. No person shall ride, drive or pass over or along any sidewalk with automobiles, motor trucks, motorcycles or bicycles, scooters, skateboards and unicycles provided that this section shall not prevent the use of driveways or the crossing of a sidewalk at right angles for the purpose of entering upon property, provided that, in the last-mentioned case, the curb, if any and the sidewalk, if any, shall be protected in a manner approved by the Property Maintenance Code Inspector.
[Amended 12-18-2023 by Ord. No. 2023-21]
D. 
Handcarts prohibited. No person shall propel by hand or any other means any handcart along any sidewalk.
E. 
Permit required for bridging. No person shall place any bridging over any gutter or any pipe or other obstruction in any gutter without first obtaining a written permit therefor from the Property Maintenance Code Inspector.
F. 
Sidewalks to be unencumbered. No person shall place or permit to be placed upon any sidewalk any object or thing that shall in any manner encumber such sidewalk or render travel upon such sidewalk dangerous or unsafe.
G. 
Awnings.
(1) 
No person shall place or maintain any drop awning extending over any sidewalk which, when lowered, shall be less than seven feet above such sidewalk.
(2) 
Temporary awnings may be erected across a sidewalk and permitted to remain for a period not exceeding 24 hours, provided that the same shall be securely fastened and shall be so arranged as to permit travel along the sidewalk.
H. 
Change of grade; fee. No person shall lower the curb and change the grade of a sidewalk for the purpose of providing a carriageway or driveway across such sidewalk without a permit therefor from the Director of Public Works. The fee for such a permit shall be as set forth in Chapter 123, Fees.
A. 
Permit required for construction. No vault, coal bin or other room or place shall be constructed under any street or sidewalk without a permit therefor issued by the Director. No such permit shall be issued, until an application to erect such a vault, coal bin or other room or place, signed by the person making the same and stating the number of square feet of ground which is required for the same and the intended length and width of the same, is presented to the Mayor and Council and the Director is authorized by the resolution of the Mayor and Council to issue such permit and until there shall have been paid to the Director a fee of $25.
B. 
Plans to be submitted and approved. No such vault, coal bin or other room or place shall be constructed under any permit granted as aforesaid, until the plans therefor shall have been submitted to and approved by the Director.
C. 
Revocation of permit. Permits issued under this article shall be revocable by the Mayor and Council.
A. 
Buildings not to encroach upon streets. No person shall permit any building, structure, erection or any part thereof to encroach upon or extend over, under or into any public street or public place, except as in this chapter is permitted and authorized.
B. 
Encroachments to be removed. The owner of every building, structure or erection which, either in whole or in part, encroaches upon or extends over, under or into any public street or place shall cause such encroachment to be removed within 10 days after receiving written notice from the Director of Public Works so to do. Every day that such owner shall fail, refuse or neglect to comply with said order after the expiration of said period of 10 days shall constitute a separate and distinct violation of this chapter.
C. 
Storage of building materials.
(1) 
No person shall obstruct or permit the obstruction of any street or public place by the storage or placing of any building material or other material or merchandise thereon and permitting the same to remain longer than is necessary to convey the same on or into private property, unless a permit therefor shall be obtained from the Director of Public Works. No permit shall be granted which permits the use or obstruction of more than 1/3 of the width of the roadway of such street or public place at any point.
(2) 
The application for such permit shall state the kind and character of material to be stored or placed in such public street or place, the exact location where the same is to be stored or placed and the maximum length of time that such obstruction shall continue. The Director of Public Works may impose conditions in any permit issued under this section with respect to keeping the sidewalk open for travel and other conditions which he shall deem proper in the interest of the public safety and convenience. The fee for such permit shall be $2. Such permit shall be kept posted in a conspicuous place on or near the material and shall be kept there so as to be readily accessible to inspection.
D. 
Cellarways or hoistways. No cellarway or hoistway shall be constructed in any public street without a permit therefor issued by the Director of Public Works. The fee for such permit shall be $5. No permit shall be granted for any such cellarway or hoistway which extends into the street more than five feet from the property line. All such cellarways or hoistways shall be covered with iron doors flush with the sidewalk and when opened shall at all times be protected by either guardrails or chains. No such cellarway or hoistway shall remain open so that the sidewalk or street is obstructed for a period longer than is necessary for the reasonable use thereof.
[Added 4-5-2021 by Ord. No. 2021-01]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the Mayor and Council and Borough Engineer to determine whether the issuance of a permit is in conformity with the applicable provisions of this section.
ANTENNA
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.
APPLICABLE CODES
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.
APPLICANT
Any person or entity who submits an application under this section.
APPLICATION
A written request, on a form provided by the Borough of Leonia.
AUTHORITY
The Mayor and Council of the Borough of Leonia.
CO-LOCATE
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. "Co-location" has a corresponding meaning.
COMMUNICATIONS FACILITY
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.
COMMUNICATIONS SERVICE
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).
COMMUNICATIONS SERVICE PROVIDER
A provider of communications services and includes a cable operator as defined in 47 U.S.C. § 522(5).
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic purposes.
ELIGIBLE FACILITIES REQUEST
An eligible facilities request as set forth in 47 CFR 1.40001(b)(3), as that section may be amended from time to time.
FCC
The Federal Communications Commission of the United States.
LAWS
Collectively, any and all federal, state or local law, statute, common law, code, rule, regulation, order, or ordinance.
ORDINARY MAINTENANCE AND REPAIR
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.
PERMIT
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.
PERMITTEE
An applicant that has received a permit under this section.
PERSON
An individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a governmental entity.
POLE
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.
PROVIDER
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.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
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.
REPLACE or REPLACEMENT
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 section and any other applicable regulations in order to address limitations of the existing structure to structurally support co-location of a communications facility.
SMALL WIRELESS 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.
STATE
The State of New Jersey.
SUPPORT STRUCTURE
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.
SURROUNDING STREETSCAPE
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.
TOWER
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.
WIRELESS FACILITY
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.
WIRELESS SERVICES
Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.
B. 
Access to public right-of-way. Prior to installing in the public ROW 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 Leonia expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.
(1) 
The term of the ROW use agreement shall not exceed 15 years.
(2) 
The ROW use agreement authorizes the provider's nonexclusive use of the public ROW 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 section and the terms and conditions of the agreement. The agreement authorizes use only of the public ROW in which the Borough has an actual interest. It is not a warranty of title or interest in any public ROW, and it does not confer on the provider any interest in any particular location within the public ROW. 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 ROW. All use of the Borough's poles, towers, support structures and other structures in the public ROW shall require a separate agreement and the payment of separate fees for such use.
(3) 
The provider shall, at its sole cost and expense, keep and maintain its communications facilities, poles, support structures and towers in the public ROW in a safe condition, and in good order and repair.
(4) 
The provider shall provide insurance and indemnification of the Borough as described in the ROW use agreement. The insurance coverage limits must be at least as broad as follows:
(a) 
Workers' compensation and employer's liability insurance.
[1] 
The provider shall provide proof of workers' compensation insurance and be in compliance with the Workers' Compensation Law of the State of New Jersey.
[2] 
Employer's liability: limit of liability shall be a minimum of $500,000 in accordance with New Jersey statutes.
(b) 
Comprehensive general liability. Comprehensive general liability ("CGL") insurance with limits no less than $2,000,000 per occurrence.
(c) 
Automobile liability. Automobile liability insurance covering claims for bodily injury and property damage arising from all owned, hired and non-owned vehicles with limits of not less than $1,000,000 combined single limit.
C. 
ROW permit.
(1) 
No person may construct, maintain or perform any other work in the public ROW 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 section, and any subsequent permits or authorizations required by applicable laws or the authority.
(2) 
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 ROW use agreement required by this section, or otherwise has a current and valid franchise with the Borough expressly authorizing use of the public ROW for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.
(3) 
The provider shall not locate or maintain its communications facilities, wireless facilities, support structures, poles and towers so as to unreasonably interfere with the use of the public ROW by the Borough, by the general public or by other persons authorized to use or be present in or upon the public ROW.
D. 
Location and siting.
(1) 
Height. No pole shall be taller than 35 feet in height, including the antennas, or 110% of the height of poles in the surrounding streetscape, whichever is higher.
(2) 
Distance from curbline. No pole shall be farther than five feet from the curbline.
(3) 
Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:
(a) 
Is replacing an existing pole; or
(b) 
Is approved by the authority; or
(c) 
Is located within the municipal right-of-way; and
(d) 
Is at least 200 linear feet from any other existing pole or proposed pole along the same side of the street; and
(e) 
Is not located in an area with the underground utilities; and
(f) 
Does not inhibit any existing sight triangles; and
(g) 
Allows adequate room for the public to pass and re-pass across the right-of-way; and
(h) 
Utilizes stealth technology in order that the pole is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.
(4) 
The authority may require new poles to be decorative poles if appropriate.
(5) 
Pole-mounted antennas are permitted on new and existing poles, provided that each pole-mounted antenna:
(a) 
Does not exceed three cubic feet in volume; and
(b) 
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
(c) 
Does not inhibit sight triangles; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(6) 
Pole-mounted cabinets are permitted on new and existing poles, provided that each pole-mounted cabinet:
(a) 
Does not exceed 16 cubic feet; and
(b) 
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
(c) 
Does not inhibit sight triangles; and
(d) 
Allows adequate room for the public to pass and repass across the municipal right-of-way.
(7) 
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.
(8) 
Ground-mounted equipment may be used only to house equipment and other supplies in support of the wireless facility.
(9) 
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 ROW, the provider with permission to occupy the same portion of the public ROW 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 above ground, the provider and authority shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW.
(10) 
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.
(11) 
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.
E. 
Restoration requirements.
(1) 
The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW.
(2) 
If the provider fails to timely restore, repair or replace the public ROW 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.
F. 
Removal, relocation and abandonment.
(1) 
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 ROW, including relocation of aboveground communications facilities underground (consistent with the provisions of this section), 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 ROW, 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.
(2) 
The Borough retains the right and privilege to cut or move any communications facility, pole, support structure or tower located within the public ROW 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.
(3) 
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 ROW, unless the Borough agrees in writing to take ownership of the abandoned communications facilities, poles, support structures or towers.
(4) 
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 subsection, 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.
G. 
Fees and charges.
(1) 
Agreement/license application fee. Every person requesting a right-of-way agreement, franchise agreement or license agreement from the Borough shall pay an application fee of $250, which shall be paid upon submission of the right-of-way agreement, franchise agreement or license agreement application.
(2) 
Permit application fee.
(a) 
The applicant shall pay a permit application fee of $500 for an application for up to five small wireless facilities submitted simultaneously by a provider. The fee of $100 is established for each additional small wireless facililty.
(b) 
The applicant shall pay a nonrecurring fee for a new pole (not a co-location) intended to support one or more small wireless facilities of $1,000.
(3) 
An annual $270 per small wireless facility fee shall be paid to the Borough no later than January 1 of each calendar year.
(4) 
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 ROW, as set forth in attachment agreements authorizing such use.
(5) 
No refund. Except as otherwise provided in the right-of-way agreement, franchise agreement, or license, the provider may remove its communications facilities, poles or towers from the public ROW 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 ROW. In no event shall a provider be entitled to a refund of fees paid prior to removal of its communications facilities, poles or towers.
H. 
Permit applications.
(1) 
Permit required. Unless expressly authorized in this section or in writing by the authority, no person may construct, install or maintain in the public ROW any communications facilities, poles bult 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 ROW 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 ROW 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.
(2) 
Permit application requirements. The application shall be made by the provider or is duly authorized representative and shall contain the following:
(a) 
The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.
(b) 
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.
(c) 
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 § 247-6.1.
(d) 
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.
(e) 
Detailed construction drawings regarding the proposed communications facility, pole, tower, support structure or wireless facility (as applicable).
(f) 
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.
(g) 
For any new aboveground facilities, accurate visual depictions or representations, if not included in the construction drawings.
(3) 
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, the 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.
(4) 
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.
(5) 
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 Subsection H, unless otherwise provided by applicable laws.
(6) 
Application fees. Unless otherwise provided by the applicable laws, all applications pursuant to this section shall be accompanied by the fees required under Subsection G.
(7) 
Effect of permit. A permit from the authority authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this section 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 ROW; 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 ROW.
(8) 
Duration. Any permit for construction issued under this section shall be valid for a period of 180 days after issuance, provided that the period may be extended for up to an additional 90 days upon written request from the applicant (made prior to the end of the initial 180-day period) if the failure to complete construction is as a result of circumstances beyond the reasonable control of the applicant.
(9) 
Batch permit. An applicant may simultaneously submit not more than five 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.
I. 
Application review.
(1) 
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 to review the scope of the applicant's proposal.
(2) 
All applications made under this section 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.
(3) 
The Borough Engineer shall review all applications for the placement of new poles and ground-level cabinets within the municipal ROW and the placement of pole-mounted antennas and pole-mounted cabinets within the municipal ROW and advise the authority whether the application is complete and whether it meets the requirements of this section.
(4) 
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.
(5) 
The authority shall review the application and, if the application conforms with applicable provisions of § 247-6A, the authority shall issue the permit, subject to the standard permit requirements published by the Borough.
(6) 
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.
(7) 
Waiver. The authority may waive any siting standard set forth in § 247-6.1 where the applicant demonstrates that strict enforcement of said standard:
(a) 
Will prohibit or have the effect of prohibiting any interstate or intrastate 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 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.
(8) 
The authority shall advise the applicant in writing of its final decision.
No person shall move any building or structure across, along or through any street or public place without obtaining a permit therefor from the Director of Public Works. The fee for such permit shall be $5. Such permit may contain conditions relating to the manner of the removal and the length of time that any street or public place may be obstructed, either in whole or in part, and any other regulations for the protection of the street or public place and the public safety or convenience.
A. 
No person shall organize or conduct or assist in the organization or conduct of any parade upon any of the public streets or public places without obtaining a permit therefor from the Chief of Police.
B. 
The Chief of Police shall not issue any such permit until an application therefor shall have been submitted to the Mayor and Council at a regular or special meeting and such permission has been granted at a regular or special meeting and a permit authorized by a resolution of the Mayor and Council.
A. 
Placement of signs. No person shall erect or place any sign, show bill, showboard or billboards in any of the public streets or places except such as shall be authorized by this chapter or any other ordinances of the Mayor and Council and pursuant to the provisions thereof.
B. 
Distribution of circulars. No person shall distribute any posters, cards, pamphlets, circulars or advertisements on the streets or public places, except pursuant to a permit issued by the Chief of Police. The fee for such a permit shall be as set forth in Chapter 123, Fees. No permit shall authorize the distribution of such matter generally, and each permit shall be restricted to a particular and specified poster, card, pamphlet, circular or advertisement. No such permit shall remain in force for more than five days.
C. 
Placement of advertisements. No person shall place any sign or advertisement or other matter upon any pole, tree, curbstone, sidewalk or elsewhere in any public street or public place, except such as may be authorized by this chapter or any other ordinance of the Mayor and Council.
D. 
Defacement of signs prohibited. No person shall injure, deface, obliterate, remove, take down or disturb or in any other manner interfere with or disturb any signboard containing the name of any street or public place or any bulletin board or sign or notice erected, posted or placed, bearing the name of the Mayor and Council or any officer thereof.
No person shall throw or permit to be thrown any ashes, garbage, paper or other refuse or waste or other material upon any street or public place; provided, however, that clean ashes may be placed upon ice which has formed upon any sidewalk.
No person shall throw or place or permit or aid the throwing or placing of glass, tacks or other like sharp substance upon any public street or public place.
No person shall remove, displace, break or change any sign or lights or signals set up or placed in any street or public place as a warning of danger or indicating an excavation or obstruction or showing that any street or public place is closed to traffic; and no person shall between the hours of sunset and sunrise extinguish any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the cover thereof, unless such opening shall be guarded by a guardrail and shall be so marked, both day and night, as to be plainly seen at a distance of 50 feet, which guardrail shall be maintained so long as such manhole shall remain opened or uncovered.
No person shall coast upon any street, unless such street or the portion thereof used for coasting shall be closed to vehicular traffic.
The Director of Public Works may close any street or public place or section thereof to public traffic for the purpose of repairing, constructing or reconstructing the same. The Mayor and Council may by resolution designate certain streets or portions thereof upon which coasting will be permitted at certain times of the day and may direct that such street or portion thereof shall be closed to vehicular traffic during such hours. When any street or public place or portion thereof is closed, there shall be a sign at each end of the portion closed, plainly visible to approaching traffic, reading substantially as follows: "Street Closed - Passing Forbidden." No person shall drive or cause to be propelled any vehicle over said street or portion thereof so closed and marked as aforesaid. For the purpose of this section, a sleigh or sled used for coasting shall not be construed to be a vehicle.
A. 
No person shall place or erect any electric light, telegraph, telephone or other pole in or upon any street or public place, except pursuant to permission granted by a resolution adopted by the Mayor and Council.
B. 
No electric light, telegraph, telephone or other pole shall be hereafter placed or erected on any street or public place, unless the same shall be straight and neat in appearance, and every such pole shall be kept well painted. No wires shall be run or strung upon any pole at a distance less than 18 feet from the ground.
[Amended 10-20-2008 by Ord. No. 32-08]
A. 
Removal of snow and ice. The owner or owners, tenant or tenants of lands abutting or bordering upon sidewalks and gutters, public streets, avenues, highways and public places shall remove all snow and ice from the same within 12 hours of daylight after the same shall be formed or fall thereon.
B. 
No person shall throw, place or deposit snow or ice into or on any public street, thoroughfare, sidewalk, public property or private property belonging to another.
[Added 3-7-2011 by Ord. No. 02-11]
C. 
Failure to remove; penalties. In case the owner or owners, tenant or tenants of lands abutting or bordering upon the sidewalks and gutters of public streets, avenues, highways and public places shall refuse or neglect to remove all snow and ice from the same within 12 hours of daylight after the same shall be formed or fall thereon, said owner or owners, tenant or tenants shall be liable for a violation of this chapter and shall be subject to penalty as hereinafter provided and, at the option of the Borough Council, upon refusal or neglect of such owner or owners, tenant or tenants to remove such snow and ice within the time or times herein provided, the same may be removed by said Borough Council under the direction of its Director of Public Works or other person or officer having charge of the streets and avenues and the cost thereof collected in the manner hereinafter provided.
D. 
Cost of removal to be lien on property. In the case of the removal of such snow or ice by the Borough Council, the Director of Public Works or other person or officer having charge of the streets and avenues shall certify the cost to the Council. The cost of such removal as certified by the Director of Public Works or other person or officer having charge of the streets or avenues, if found correct by the Council, shall forthwith become a lien upon the lands abutting or bordering any such sidewalk or gutter and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands and shall bear the same interest as taxes.
E. 
Collection of costs. The Council shall, upon receiving a certificate of cost as aforesaid from the Director, examine the same and, if found correct, shall adopt a resolution to that effect, directing that a certified copy thereof be delivered to the Collector of Taxes, who shall thereupon collect such charges at the time of the collection of the taxes next to be assessed and levied upon such lands and as a part thereof.
[Amended 9-17-2007 by Ord. No. 14-07]
Any person, firm or corporation violating any of the provisions of this chapter shall be punishable by a fine of $100 for a first offense and $250 for a second or subsequent offense in any calendar year.