As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the designee and
Borough Engineer to determine whether the issuance of a permit is
in conformity with the applicable provisions of this chapter.
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
chapter.
APPLICATION
A written request, on a form provided by the Borough of Waldwick.
AUTHORITY
The Mayor and Council of the Borough of Waldwick.
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.
COMMUNICATIONS FACILITY
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).
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic
purposes.
DESIGNEE
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.
ELIGIBLE FACILITIES REQUEST
An eligible facilities request as set forth in 47 CFR 1.6100,
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 or 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 chapter.
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 chapter 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
(3) cubic feet in volume; and (ii) all other wireless equipment associated
with the Antenna, including the preexisting equipment, is cumulatively
no more than twenty-eight (28) cubic feet in volume.
SMART POLE
A special type of decorative pole that conceals, disguises
or camouflages one or more small wireless facility installation(s)
and may include other features such as street lighting, 911 call service
access, public access Wi-Fi and surveillance cameras. A smart pole
must allow for multiple occupants and allow space for Borough use
for other services and/or equipment. Smart poles shall neither have
protruding latches, external hinges, nor external cabling. The pole
should be made of an inherently rust-resistant material (i.e., aluminum
alloys or stainless steel).
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.
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 Waldwick 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 ROW use agreement shall not exceed 30 years.
B. 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 chapter 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.
C. 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.
D. 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:
(1) Insurance. The provider shall at all times maintain a commercial
general liability insurance policy with a single amount of at least
one million dollars ($1,000,000.00) per occurrence and in the aggregate
covering liability for any death, personal injury, property damage
or other liability arising out of the construction and operation contemplated
herein, and an excess liability policy (or "umbrella") policy in the
amount of five million dollars ($5,000,000.00) per occurrence and
in the aggregate. The provider may use any combination of primary
and excess insurance to meet the total limits required. Such coverage
shall be primary, noncontributory and shall contain a waiver of subrogation.
Evidence of same shall be provided prior to the commencement of any
work of any kind by the provider. Prior to the commencement of any
work pursuant to this chapter the provider shall file with the Borough,
a certificate(s) of insurance with any required endorsements evidencing
the coverage provided by said liability and excess liability policies.
The Borough shall notify provider within fifteen (15) days after the
receipt of any claim or demand to the Borough, either by suit or otherwise,
made against the Borough on account of any of provider or its sub-contractors,
agents, employees, officers, servants, designees, guests and invitees,
activities pursuant to the rights granted in this chapter. The provider
shall notify the designee within fifteen (15) days of receipt of any
claim or demand of the provider or its subcontractors, agents, employees,
officer, servants, designees, guests or invitees by any aggrieved
party for any work or action made pursuant to this chapter.
(2) Indemnification. The provider, its successors, assigns, contractors,
subcontractors, agents, servants, officers, employees, designees,
guests and invitees, hereby indemnify, defend and hold harmless the
Borough, its successors and assigns, elected officials, officers,
employees, servants, contractors, designees and invitees from and
against any and all personal injury and property damage claims, demands,
suits, actions at law or equity or otherwise, or related judgments,
arbitration determinations, damages, liabilities, decrees of any person(s)
or entities claiming to be or being harmed as a result of the provider's
actions under this chapter and costs in connection therewith except
to the extent that such claims, demands, suits, or actions are the
result of the negligence or willful misconduct of the County, its
successors, assigns, elected officials, officers, employees, servants,
contractors, designees or invitees. This indemnification shall specifically
include, but not be limited to, any and all costs, reasonable attorneys'
fees, court costs and any other expenses that may be incurred by the
Borough in connection with any and all claims, demands, suits, actions
at law or equity or otherwise and/or arbitration proceedings which
may arise in connection with the provider's activities pursuant
to the rights granted in this chapter. This indemnification shall
also specifically include that the Borough retains the right to choose
its own defense counsel in regard to any action at law or equity pursuant
to this section.
Notwithstanding anything else in the Code of the Borough of
Waldwick, 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.
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 (3) 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 ten (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.