[Added 6-21-2021 by Ord. No. 2021-006]
This article is titled the "Telecommunications Facilities in
Public Right-of-Way," and amends all applicable provisions of the
Revised General Ordinances of the Borough of Edgewater, and any existing
local laws, rules, orders, resolutions and ordinances relating to
the subject matter of this article.
A.
It is the intent of this article to regulate the placement of telecommunications equipment, including poles, towers, antennas and other infrastructure, located on municipal rights-of-way. The placement of telecommunications equipment outside of the municipal right-of-way shall be governed by Article XX, Wireless Telecommunications Towers and Antennas.
B.
It is furthermore intended that this article shall control in the
event of any inconsistency between the provisions of this article
and any existing agreements, licenses or franchises in existence and
which govern existing small wireless facilities in the municipal right-of-way,
and that the prevailing terms of this article shall supersede and
replace any conflicting terms in said agreements or licenses, and
shall govern all future relationships between the Borough and the
applicable parties in said licenses and agreements.
As used in this article, the following terms shall have the
meanings indicated:
Ministerial review of an application by the Borough relating
to the review and issuance of a permit, including review by the designee,
a wireless consultant with knowledge beyond the expertise of Borough
personnel, as well as the Construction Official, Zoning Officer, Director
of Public Works, engineer, or other Borough staff or designees to
determine whether the issuance of a permit is in conformity with the
applicable provisions of this article. Administrative permit issuance
is nondiscretionary and based on whether an application is in conformity
with the provisions of this article, as well as any other applicable
local, state and federal laws and regulations governing small cell
deployment. This process does not involve the exercise of discretion.
Communications equipment that transmits and/or receives over-the-air
electromagnetic 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 Borough or otherwise
are applicable in the jurisdiction.
A person or entity who submits an application under this
article.
A written request submitted by an applicant to the Borough
for a permit:
The Borough of Edgewater, or any agency, department, district,
subdivision or any instrumentality thereof, including but not limited
to public utility districts or municipal electric utilities. The term
shall not include courts of the state having jurisdiction over the
Borough or any entities that do not have zoning or permitting authority
or jurisdiction. The Borough may hereinafter be referred to as the
"Borough," "the Borough of Edgewater," or "Edgewater."
A pole owned, managed or operated by or on behalf of the
Borough.
To install, mount, maintain, modify, operate and/or replace
a communications facility on an existing support structure, pole,
or tower or any other structure capable of supporting such communications
facility. "Co-location" has a corresponding meaning. The term does
not include the installation of a new pole, tower or support structure
in the public right-of-way.
Collectively, the equipment at a fixed location or locations
that enables communication between user equipment and a communications
network, including:
A communications facility does not include the pole, tower or
support structure to which the equipment is attached. A wireless facility
is an example of a communications facility.
A cable operator, as defined in 47 U.S.C. § 522(5),
a provider of information service, as defined in 47 U.S.C. § 153(24);
or a provider of telecommunications service, as defined in 47 U.S.C.
§ 153(53); or provider of fixed wireless or other wireless
services as defined in 47 U.S.C. § 332(c)(7)(C)(i). A wireless
service provider is an example of a communications service provider.
A contract through which the Borough has entered into an
arrangement with an individual, attorney consultant or firm for same
to provide professional consulting services pursuant to this article,
said contract being in conformance with New Jersey Public Contracts
Law, pay-to-play laws and other applicable laws governing such contracts
and agreements. The contract between the designee and the Borough
is an example of a contract for professional services.
A Borough pole that is specially designed and placed for
aesthetic purposes.
A portable, self-contained wireless facility that can be
moved to a specified location or area and provide wireless services
on a temporary or emergency basis such as a "cell on wheels" or "COW,"
"cell on light truck" or "COLT," tethered balloon, tethered drone
or other unmanned device.
Hoplite Communications, LLC, appointed by the Borough and
contracted for professional services to serve as the point-of-contact
and primary consultant and specialist for the Borough for all matters
concerning this article. Hoplite contact information: office address:
Hoplite Communications, LLC, 197 Route 18, Suite 3000, East Brunswick,
NJ 08816; phone: 732-207-3912; email: Peter.lupo.hoplite@gmail.com.
Review of an application by the Borough relating to the review
and issuance of a permit, that is other than an administrative review.
Discretionary review involves discretion on the part of the Borough
(subject to any applicable limits on such discretion) in determining
whether to issue a permit and may be subject to one or more public
hearings or meetings, including appearances before the Planning Board,
Zoning Board of Adjustment and referral to the Historic Preservation
Commission for commentary and recommendations. Discretionary review
may be subject to provisions of the applicable ordinances as determined
by the applicable governing authority.
An eligible facilities request as set forth in 47 CFR 1.6100(b)(3),
as may be amended from time to time.
The Federal Communications Commission of the United States.
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
Any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National
Register maintained by the United States Secretary of the Interior
(in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic
Agreement codified at 47 CFR Part 1, Appendix C) or established pursuant
to state historic preservation law.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Any occupant of the public right-of-way, including any wireless
provider, wireless infrastructure provider, utility company, or public
or private entity with a physical presence or right to maintain a
physical presence on, under or across the public right-of-way.
With respect to a communications facility and/or the associated
support structure, pole or tower, inspections, testing, repair and
modifications that maintain functional capacity, aesthetic and structural
integrity; and with respect to a communications facility only, the
replacement of antennas and/or other components of the communications
facility (specifically, such as a swap out of small cell antennas
and radio equipment as required by the applicant), with antennas and/or
other components substantially similar, in color, aggregate size and
other aesthetics, to that previously permitted by the Borough (and/or
consistent with the same height and volume limits for wireless facilities
under this article), so long as the support structure, pole, or tower
will structurally support, or prior to installation will be modified
to support, the structural load. Modifications are limited by the
structural load analysis supplied by the applicant to the Borough,
and by the volume limits in the design standards.
A written authorization (in electronic or hard copy format)
required by the Borough to initiate, continue, or complete the installation,
upgrade or modification of a communications facility, or an associated
support structure, pole, or tower.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Borough.
A pole, such as a utility, lighting, traffic, or similar
pole, made of wood, concrete, metal or other material, located or
to be located within the public right-of-way or utility easement.
The term includes the vertical support structure for traffic lights
but does not include a horizontal structure to which signal lights
or other traffic control devices are attached unless the Borough grants
a waiver for such pole. The term does not include electric transmission
poles or structures. A pole does not include a tower or support structure.
A communications service provider or a wireless provider.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, but not including a federal interstate highway
or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
A recurring charge.
In connection with an existing pole, support structure or
tower, or communications facility, as the case may be, to replace
(or the replacement of) same with a new structure, similar in design,
size and scale to the existing structure and in conformance with current
Borough building code, zoning provisions and other applicable regulations,
in order to address limitations of, or change requirements applicable
to, the existing structure to structurally support co-location of
a communications facility. In connection with replacement of a pole
or tower to support co-location of a wireless facility, similarity
in size and scale shall be evaluated consistent with 47 CFR 1.6100
(b)(7).
A wireless facility that meets both of the following qualifications:
each wireless provider's antenna (including, without limitation,
any strand-mounted antenna) could fit within an enclosure of no more
than three cubic feet in volume; and all other wireless equipment
associated with the facility is cumulatively no more than 28 cubic
feet in volume. The following types of associated, ancillary equipment
are not included in the calculation of equipment volume: electric
meter, concealment elements, telecommunications demarcation box, grounding
equipment, power transfer switch, cutoff switch, and vertical cable
runs for connection of power and other services. The following additional
parameters apply to small wireless facilities: total height of small
wireless facility and supporting structure is less than 50 feet, or
the small wireless facility is mounted on structures no more than
10% taller than adjacent structures, or the small wireless facility
does not extend the existing structure to a height of greater than
50 feet or by more than 10% of the original height, whichever is greater.
The State of New Jersey.
A building, a billboard, a water tank or any other structure
to which a communications facility is or may be attached. "Support
structure" does not include a pole or a tower.
Any structure built for the sole or primary purpose of supporting
a wireless facility, such as a self-supporting tower, a monopole,
a lattice tower or a guyed tower. "Tower" also includes a structure
designed to conceal from the general public the wireless facility.
A tower does not include a pole or a support structure.
The area on, below, or above privately owned property that
has been designated for use as or is used for a specific utility purpose
(such as for electric, cable or other utility purpose), and is evidenced
by a recorded instrument in the public land records pursuant to a
recorded plat, easement or right-of-way or is otherwise a legally
enforceable easement, and does not include any portion of a public
right-of-way.
A communications facility installed and/or operated by a
wireless provider. The term does not include the support structure,
tower or pole on, under, or within which the equipment is located
or co-located; or 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 example of a wireless facility.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs and/or operates wireless
facilities or poles, towers or support structures on which wireless
facilities are or are intended to be used for co-location, but that
is not a wireless services provider.
A wireless infrastructure provider or a wireless services
provider.
Any wireless services including, without limitation, personal
wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i).
A person who provides wireless services.
A.
Applicability. Except as otherwise provided herein, the placement,
installation, modification, replacement, repair and upgrade of any
communications facilities, including small wireless facilities, as
well as the associated poles, towers or support structures, in the
public right-of-way shall be governed by this article.
B.
Notice prior to any nonemergency work.
(1)
Designee. The designee will serve as the initial point of contact
for the Borough for all matters pertaining to this article.
(2)
Notice required. No action, application, installation, alteration,
upgrade, replacement or modifications by applicant contemplated by
this article shall be commenced without first giving notice to the
Borough designee.
(3)
This notice requirement does not pertain to ordinary maintenance,
repairs, and like-for-like equipment swap outs that do not increase
the dimensions or electromagnetic profile of the small wireless facility.
This work may be performed without giving notice to the designee.
(4)
Emergency work. Work that is of an urgent and immediate nature,
such as a network outage or an imminent safety hazard, shall not be
required to meet the notice provisions of this subsection, subject
only to providing notice to the designee as soon as is practicable
for the emergency work either about to be performed, currently underway
or having been performed, and then providing a brief summary of the
work completed, including the replacement or removal of any components
of the applicable small wireless facility or facilities. Any such
emergency work shall be subject to administrative review, after the
fact, only if the nature and scope of said work exceeds that which
may be reasonably construed as maintenance and repair work. The below
terms and conditions utilized for notice for ordinary maintenance
shall govern after-the-fact review for emergency work in these instances.
(5)
Notice for ordinary maintenance. As noted in Subsection B(3) above, notice to the designee is not required for ordinary maintenance and repairs. However, designee 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 Small Cell permit, and any applicable right-of-way agreement and the attached schedules. 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 Small Cell permit, then applicant shall be in violation of this article. 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 small cell permit or removed or retroactively apply for administrative approval for the unapproved modifications. In such instances, applicant will be responsible for costs and fees incurred by the Borough designee to perform inspections and review.
C.
Municipal agreement. Prior to receiving a permit to install one or
more communications facilities in the public ROW, each applicant shall
be required to enter into a municipal agreement (e.g., right-of-way
access agreement, pole attachment agreement, license agreement) between
the Borough and the applicant, on terms and conditions substantially
the same for all applicants and existing occupants of the public ROW.
The terms and conditions of such municipal agreement will include
the following:
(1)
Fees and rates. As consideration to the Borough for entering
into the municipal agreement and also as a condition precedent for
the issuance of any required permits and approvals to install the
applicable communications facilities in the public right-of-way, the
applicant shall pay the required fees and rates as set forth in Schedule
A[1] of this article, 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.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
The small cell permit application escrow, as described in Schedule
A, shall be paid upon submission of an application and shall be held
in escrow and billed against actual incurred one-time fees and costs
to process an application, also as described below and in Schedule
A of this article. If said small cell permit application escrow is
insufficient to cover incurred one-time fees as described below and
in Schedule A, then any amount in excess of the escrow shall be invoiced
to applicant directly upon completion.
(a)
Reasonable approximation. All one-time event fees will be a
reasonable approximation of objectively reasonable costs.
(b)
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, modification or alteration of same,
with each instance of an upgrade or repair being a separate project
subject to one-time fees. Ordinary maintenance and repairs do not
trigger any one-time fees.
(3)
Annual ROW occupancy rate shall be as specified in Schedule
A of this article 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 municipal
agreement between Borough and applicant.
(4)
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 combined shall not exceed
$270 annually per small wireless facility location.
(5)
All fees and rates will be applied in a nondiscriminatory manner
to all communications service providers.
(6)
A make-ready fee shall be determined on a site-specific, engineering
basis for work reasonably necessary to make a particular Borough pole
suitable for attachment of the applicable communications facility,
and shall be paid upon submission of the application as more particularly
described below.
D.
Other terms.
(1)
Term. Unless otherwise agreed to in writing by the Borough and
applicant, the agreement term shall be 10 years.
(2)
Safety and accessibility. The applicant will demonstrate compliance
with applicable safety and accessibility requirements, including those
under Americans with Disabilities Act ("ADA"), OSHA and similar laws.
(3)
The municipal agreement shall include, as an appendix thereof,
a schedule containing the location of all proposed small wireless
facilities in the public right-of-way, which the Borough and applicant
may update as necessary without the need for additional review. Said
locations shall be as specific as possible and shall include, but
not be limited to, latitude, longitude, the nearest proximate address,
cross streets as well as lot and block numbers, if available. Applicants
shall also provide for inclusion in the municipal agreement information
indicating the horizontal and approximate vertical location, relative
to the boundaries of the public ROW, of all equipment which it owns
or over which it has control and which is located in any public right-of-way.
(4)
RF safety reports. Applicant shall provide, as part of the initial
request to install small wireless facilities via municipal ROW agreement
and any associated application, a copy of a health and safety report
evidencing compliance with FCC requirements concerning electromagnetic
radiation emissions. Along with any application to modify, enhance
or add equipment to a small wireless facility that alters that facility's
electromagnetic emissions profile, applicant will provide an updated
health and safety report which reflects the most recent electromagnetic
emissions levels.
(5)
Indemnification and insurance requirements.
(a)
Insurance. The applicant shall at all times maintain a commercial
general liability insurance policy with a single amount of at least
$1,000,000 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 $5,000,000 per occurrence and in the aggregate. The applicant 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 applicant.
Prior to the commencement of any work pursuant to this article, the
applicant 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
applicant within 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 applicant or its subcontractors, agents, employees,
officers, servants, designees, guests and invitees activities pursuant
to the rights granted in this article. Applicant shall notify the
Borough Clerk within 15 days of receipt of any claim or demand of
applicant or its subcontractors, agents, employees, officers, servants,
designees, guests or invitees by any aggrieved party for any work
or action made pursuant to this article.
(b)
Indemnification. Applicant, 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 applicant's
actions under this article 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 Borough, 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 applicant's activities pursuant
to the rights granted in this article. 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 article.
(6)
Reliable 24/7 emergency notification contact information will
be provided by the applicant to the Borough and incorporated into
the agreement.
(7)
Additional agreement terms. Additional terms, such as for termination,
assignment and sublicensing rights, shall be as negotiated between
the applicant and Borough.
(8)
Nondiscriminatory. Applications will be processed on a nondiscriminatory
basis.
A.
Permitted use. The following uses within the public ROW shall be
a permitted use, subject to the entering into of a municipal agreement
between applicant and Borough as set forth above, and administrative
review and the issuance of a Small Cell permit as set forth in this
article. All such uses shall be in accordance with all other applicable
provisions of this article, including, without limitation, those set
forth below.
(1)
Co-location of a small wireless facility.
(2)
Co-location that qualifies as an eligible facilities request.
(3)
Modification of a pole, tower or support structure or replacement
of a pole, for co-location of a communications facility that qualifies
as an eligible facilities request or involves a small wireless facility
that does not exceed the maximum limitations set forth below.
(4)
Construction of a new pole or a monopole tower (but no other
type of tower) to be used for co-location of a small wireless facility
that does not exceed the maximum height and other applicable design
standards set forth in this article.
(5)
Construction of a communications facility, other than those set forth in Subsection A(1), (2) or (3) in this section involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or aboveground between two or more poles or a pole and a tower and/or support structure, and related equipment and appurtenances.
(6)
Any upgrade, replacement, modification or alteration of a communications
facility, with each instance of alteration, modification or upgrade
being a separate instance subject to administrative review.
(7)
The Borough reserves and retains the general right to subject
any installation or modification contemplated in this article to discretionary
review subject to the sixty- and ninety-day shot clock guidelines
specified in FCC-18-133A. This may include public hearings and Zoning
Board of Adjustment approval. The shot clock guidelines will be adhered
to for any discretionary review process unless compelling and extraordinary
circumstances suggest otherwise.
(8)
All other installations, modifications and replacements not
subject to administrative review and that do not qualify as a permitted
use are subject to discretionary review under the applicable land
use procedures.
B.
Permit required. No person shall place any facility described above
in the public ROW without first filing an application for administrative
review for same and obtaining a permit thereof, except as otherwise
expressly provided in this article.
C.
Proprietary or confidential information in application. The Borough
shall make accepted applications publicly available by reasonably
available means such as a request pursuant to the Open Public Records
Act ("OPRA"). 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 proprietary and confidential,
subject to applicable state and local "freedom of information" or
"sunshine" laws and the Borough's determination that the applicant's
request for confidential or proprietary treatment of application material
is reasonable. Confidential and proprietary information shall not
include any information which is, by law, regulation, ordinance, OPRA
procedure and regulations or this article, open and available for
public inspection, including proposed communications facilities'
site locations.
D.
Administrative review application requirements. The application shall
be made by the applicable wireless service 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 general description of the proposed work and the purposes
and intent of the proposed facility or facilities. The scope and detail
of such description shall be appropriate to the nature and character
of the physical work to be performed, with special emphasis on those
matters likely to be affected or impacted by the physical work proposed.
(4)
Detailed construction drawings regarding the proposed facility,
as required by the Uniform Construction Code of the State of New Jersey,
or as otherwise stated and required under applicable Borough ordinances.
(5)
Demonstration of compliance with RF health and safety measures,
as established by the TCA and FCC, via an RF health and safety report.
Applicant may utilize the RF safety reports provided in connection
with the municipal agreement for the section for administrative review
and permit issuance.
(6)
Applicant shall demonstrate compliance with the design standards
as they pertain to appearance, siting and height of the proposed communications
facilities and their support poles, towers or other structures.
(7)
To the extent the proposed facility involves co-location on
a pole. Tower or support structure, a structural report performed
by a qualified 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.
E.
Applicant shall demonstrate compliance with applicable environmental,
historical and landmark laws, rules and regulations, including SHPO
and NEPA approval, as needed or applicable, including obtaining any
necessary permits and approvals from the appropriate local, state
or federal department, agency or other governing body.
F.
Information Updates. Any material change to information contained
in an application shall be submitted in writing to the Borough within
30 days after the condition necessitating the change.
G.
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this article shall be accompanied by the escrow amounts required under § 240-194C(2) above and Schedule A[1] which shall be used to cover one-time fees associated
with application review and processing, and for which amounts in excess
of the escrow shall be billed directly to the applicant.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
Review of applications for administrative review. The Borough shall
review the application in light of its conformity with applicable
provisions of this article, and shall issue a small cell permit on
nondiscriminatory terms and conditions, subject to the following requirements:
(1)
The Borough must act consistent with the following shot clock
dates:
(a)
Review of an application to collocate a small wireless facility
using an existing structure: 60 days.
(b)
Review of an application to collocate a facility other than
a small wireless facility using an existing structure: 90 days.
(c)
Review of an application to deploy a small wireless facility
using a new structure: 90 days.
(d)
Review of an application to deploy a facility other than a small
wireless facility using a new structure: 150 days.
(2)
Tolling period. Unless a written agreement between the applicant and the Borough provides otherwise, the tolling period for an application (if any) is as set forth in Subsection A(2)(a) through (c) of this section:
(a)
For an initial application to deploy small wireless facilities,
if the Borough notifies the applicant on or before the 10th day after
submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and
the specific rule or regulation creating the obligation to submit
such documents or information, the shot clock date calculation shall
restart at zero on the date on which the applicant submits all the
documents and information identified by the Borough to render the
application complete.
(b)
For all other initial applications, the tolling period shall
be the number of days from:
[1]
The day after the date when the Borough notifies the applicant
in writing that the application is materially incomplete and clearly
and specifically identifies the missing documents or information that
the applicant must submit to render the application complete and the
specific rule or regulation creating this obligation; until
[2]
The date when the applicant submits all the documents and information
identified by the siting authority to render the application complete;
[3]
But only if the notice pursuant to Subsection A(2)(b)[1] of this section is effectuated on or before the 30th day after the date when the application was submitted; or
(c)
For resubmitted applications following a notice of deficiency,
the tolling period shall be the number of days from:
[1]
The day after the date when the Borough notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the Borough's original request under Subsection A(2)(a) or (b) of this section; until
[2]
The date when the applicant submits all the documents and information
identified by the Borough to render the application complete;
[3]
But only if the notice pursuant to Subsection A(2)(c)[1] of this section is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the Borough's request under Subsection A(2)(a) or (b) of this section.
[4]
Final decision by Borough. The Borough must advise the applicant
in writing of its final decision, and in the final decision document
the basis for a denial, including referencing specific code provisions
and/or regulations upon which the denial was based, including any
federal law, or local or state laws and regulations, provided said
local and state laws and regulations do not conflict with federal
law. Denial may include lack of conformity with the Borough codes,
ordinances and regulations, as well as local, state and federal environmental,
landmark and historical regulations. A decision to deny an application
shall be in writing and supported by clear evidence contained in a
written record, publicly released, and sent to the applicant. The
written decision, supported by such substantial evidence, shall constitute
final action by the Borough. The review period or "shot clock" shall
run until the written decision, supported by substantial evidence,
is released and sent to the applicant contemporaneously. The subsequent
review by the Borough shall be limited to the deficiencies cited in
the original denial and any material changes to the application made
to cure any identified deficiencies.
B.
Undergrounding provisions. The Borough shall administer undergrounding
provisions in a nondiscriminatory manner. It shall be the objective
of the Borough and all public ROW occupants to minimize disruption
or discontinuance of service of all kinds to consumers, through mutual
obligation to coordinate and timely complete such projects. An occupant,
including the applicant, as the case may be, shall comply with nondiscriminatory
Borough undergrounding requirements that 1) are in place and published
prior to the date of initial filing of the application, and 2) prohibit
electric, telecommunications and cable providers from installing aboveground
horizontal cables, poles, or equivalent vertical structures in the
public ROW; and the Borough may require the removal of overhead cable
and subsequently unused poles. In areas where existing aerial utilities
are being moved underground, wireless providers shall retain the right
to remain in place, under their existing authorization, by buying
out the ownership of the pole(s), subject to the concurrence of the
pole owner and consent of the Borough (which consent may not be unreasonably
withheld, conditioned or delayed) or, alternatively, the wireless
service provider may reasonably replace the existing pole(s) or vertical
structure locations for antennas and accessory equipment, as a permitted
use, within 50 feet of the prior location, unless a minimally greater
distance is necessary for compelling public welfare. In neighborhoods
or areas with existing underground utilities that do not have small
wireless facilities deployed as a permitted use, a new entrant wireless
provider applying after utilities have been placed underground shall
first seek existing vertical structure locations, if technically feasible
for the wireless service to be deployed. To the degree such vertical
structures are not available, and upon receiving an approved permit,
the applicant shall be entitled to place poles or vertical structures
as necessary to provide the wireless service using vertical structures
commensurate with other vertical structures in the neighboring underground
utility area. In neighborhoods or areas with existing underground
utilities that do have small wireless facilities deployed as a permitted
use, a new entrant wireless provider applying after utilities have
been placed underground shall first seek existing vertical structure
locations, if technically feasible for the wireless service to be
deployed. To the degree such vertical structures are not available,
and upon receiving an approved permit, the applicant shall be entitled
to place poles or vertical structures as necessary to provide the
wireless service using vertical structures commensurate with other
vertical structures of wireless providers in the neighboring underground
utility area. In neighborhoods with underground utilities, whether
being converted from overhead utilities or initially underground,
microwireless devices, typically strand-mounted, shall be treated
like other small wireless facilities in the public ROW, requiring
administrative review permitted use status, and subject to nonrecurring
and recurring fees and rates.
C.
Effect of permit.
(1)
Authority granted; no property right or other interest created.
A small cell permit from the Borough authorizes an applicant to undertake
only certain activities in accordance with this article, and does
not create a property right or grant to the applicant to impinge upon
the rights of others who may already have an interest in the public
ROW.
(2)
Duration. Any permit for construction issued under this article
shall be valid for a period of six months after issuance, provided
that the six-month period shall be extended for up to an additional
six months upon written request of the applicant, made prior to the
end of the initial six-month period if the failure to complete construction
is delayed as a result of circumstances beyond the reasonable control
of the applicant.
D.
Removal, relocation or modification of a communications facility
in the ROW.
(1)
Notice. Within 90 days following written notice from the Borough,
a provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any communications facility within the public ROW whenever the
Borough has determined that such removal, relocation, change or alteration
is reasonably necessary for the construction, repair, maintenance,
or installation of any Borough improvement in or upon, or the operations
of the Borough in or upon, the public ROW, or pursuant to any redevelopment
plan made pursuant to the Municipal Land Use Law contained in N.J.S.A.
40:55D, or any Council resolution that approves any redevelopment
plan for work that is performed by a private company other than the
Borough. The Borough shall apply the same standards to all utilities
in the public ROW.
(2)
Emergency removal or relocation of facilities. The Borough retains
the right and privilege to cut power to or move any communications
facility located within the public ROW of the Borough, as the Borough
may determine to be necessary, appropriate or useful, in response
to any public welfare emergency or safety emergency. If circumstances
permit, the Borough shall notify the provider and provide the provider
an opportunity to move its own facilities prior to cutting power to
or removing the communications facility and in all cases shall notify
the provider after cutting power to or removing the communications
facility as promptly as reasonably possible.
(3)
Structural reconditioning, repair and replacement. From time
to time, the Borough may paint, recondition, or otherwise improve
or repair the Borough poles in a substantial way ("reconditioning
work"). The provider shall reasonably cooperate with the Borough to
carry out reconditioning work activities in a manner that minimizes
interference with the provider's approved use of the facility.
(a)
Prior to commencing reconditioning work, the Borough will use
reasonable efforts to provide the provider with at least 60 days'
prior written notice. Upon receiving that notice, it shall be the
provider's sole responsibility to provide adequate measures to
cover, remove, or otherwise protect the provider's communications
facilities from the consequences of the reconditioning work, including
but not limited to paint and debris fallout. The Borough reserves
the right to require the provider to remove all of the provider's
communications facility from the Borough pole and surrounding premises
during reconditioning work, provided the requirement to remove same
is contained in the written notice required by this subsection. All
cost associated with the protection measures, including temporary
removal, shall be the sole responsibility of the provider. The Borough
will provide the provider with a date by which its equipment must
be protected or removed. The provider may request a modification of
the Borough procedures for carrying out reconditioning work in order
to reduce the interference with provider's operation of its communications
facility. If the Borough agrees to the modification, the provider
shall be responsible for all reasonable incremental cost related to
the modification.
(b)
If the Borough poles need to be replaced ("replacement work"),
the Borough shall provide provider with at least 60 days' written
notice to remove its communications facilities. The Borough shall
also promptly notify provider when the Borough poles have been replaced
and provider may reinstall its equipment. During the replacement work,
the provider may maintain a temporary communications facility on or
nearby in the public right-of-way, with the specific temporary location
to be approved by the Borough, or on nearby private property, or on
any land owned or controlled by Borough, in the vicinity of the property.
If alternative locations in the public right-of-way or on nearby public
or private property will not accommodate the provider's temporary
communications facility or if the parties cannot agree on a temporary
location, the provider, at its sole option, shall have the right to
suspend the applicable permit, until the replacement pole is installed,
upon 30 days' written notice to the Borough.
(c)
If the Borough poles need to be repaired due to storm or other
damage ("repair work"), the Borough shall notify the provider to remove
its communications facilities as soon as possible. In the event of
an emergency, the Borough shall contact the provider by telephone
at its emergency contact of record upon or prior to removing the provider's
equipment. Once the Borough poles have been replaced or repaired,
the Borough will promptly notify the provider that it can reinstall
its equipment. During Borough repair work, the provider may maintain
a temporary communications facility on the public right-of-way or
nearby property, subject to approval of the applicable property owner,
or after approval by provider, on any land owned or controlled by
the Borough in the vicinity of the property. All cost associated with
any removal or protection of communications facilities shall be the
sole responsibility of the provider, except to the extent caused by
third parties or the Borough.
E.
Attachment to Borough poles in the public ROW.
(1)
Make-ready requirements. For any attachment to Borough poles
in the public ROW, the Borough shall provide a good faith estimate
for any make-ready work necessary to enable the Borough pole to support
the proposed facility, including replacement of the pole if necessary,
within 60 days after receipt of a completed application requesting
attachment to the Borough-owned pole, unless a longer period is required
in order to comply with New Jersey law, including, but not limited
to, Local Public Contracts Law ("LPCL") and the New Jersey Local Unit
Pay to Play. Make-ready work including any pole replacement shall
be completed within 120 days of written acceptance of the good faith
estimate by the provider. Borough will make all reasonable estimates
to complete the work within the stated timeframes. Such acceptance
shall be signified by payment via check or other commercially reasonable
and customary means specified by the Borough. If Borough does not
indicate it is willing to perform the make-ready work within the 60
days after receipt of a completed application requesting attachment
to the Borough pole, applicant may perform the work itself consistent
with Borough approval under this article.
A.
Discretionary review required. All other uses not expressly set forth or referenced in § 240-195 above shall require compliance with applicable Borough ordinance, including, but not limited to, Article XX, Wireless Telecommunications Towers and Antennas, and the district zoning regulations and any other applicable laws and ordinances of the Borough.
A.
General principles.
(1)
Reasonable placement limitations. The Borough shall have the
power to establish reasonable and nondiscriminatory limitations on
the placement of new or additional facilities within specific congested
segments of the public ROW if there is insufficient space to accommodate
all of the requests of applicants or other persons to occupy and use
the public ROW. In making such decisions, the Borough shall to the
extent possible accommodate all existing users and potential users
(i.e., those who have submitted an application to deploy facilities
within the public ROW) of the public ROW, and shall be guided primarily
by considerations of the public interest, the width and physical condition
of the public ROW, the time of year with respect to essential utilities,
the protection of existing facilities in the public ROW and established
plans for public improvements and development projects which have
been determined to be in the public's interest.
(2)
Fewest possible new poles/use of existing poles. In compliance
with the design standards contained herein, 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.
(3)
Leasing of excess space in ducts, conduits and on poles is a
matter between interested parties (subject to any applicable pole
attachment regulations and any other applicable statutory, regulatory
or contractual obligations); however, lessees or licensees of such
physical facilities must still comply with the terms of this article,
unless otherwise expressly exempted by the Borough.
(4)
Due care and safe work practices. An occupant of the public
ROW shall employ due care during the installation and maintenance
process, and comply with all safety and public ROW protection requirements
of applicable federal, state and local laws (and any generally applicable
Borough guidelines, standards and practices), and any additional commonly
accepted safety and public ROW protection standards, methods and devices
(to the extent not inconsistent with applicable laws). All facilities
on and under the streets of the Borough shall be kept and maintained
in a safe and well-ordered condition, and in good order and repair.
Due care during construction, maintenance and modifications shall
include the following:
(a)
Any applicant occupying any portion of the public ROW shall
erect a barrier around the perimeter of any excavation and provide
any and all traffic-control devices, signs and lights appropriate
to the level of complexity of the activity in order to protect, warn
and guide the public (vehicular and pedestrian) through the work zone.
The manner and use of these devices shall be described within a traffic-control
plan in accordance with the Manual on Uniform Traffic Control Devices,
and existing procedures, including the Borough work site evaluation
process by which the construction office may refer proposed work to
the Police Department in order to develop safety measures to safeguard
pedestrian and vehicular traffic as well as property. In the event
of any conflict between the provisions of this subsection and the
work site evaluation process, the work site evaluation procedures
shall control.
(b)
Occupants of the public ROW with open excavations awaiting final
restoration shall maintain all devices until the Borough notifies
the occupant in writing that the Borough or the Borough's designated
contractor is assuming responsibility for traffic control.
(c)
Each occupant shall designate a safety officer. The safety officer
shall be responsible for safety-related issues affecting both the
public and the occupant's field employees and contractors for
all job sites within the public ROW.
(5)
Interference with existing facilities. An occupant of the public
ROW shall not place any fixtures or equipment where the same will
interfere with any existing facility, and shall locate its lines and
equipment in such a manner as not to interfere unnecessarily with
the usual traffic patterns (vehicular or pedestrian) or with the rights
or reasonable convenience of owners of property that abuts any public
ROW.
(6)
Sharing of trench space. In the event that the Borough notifies
the occupant in advance that it is expressly interested in sharing
the trenches or bores at a specific location area where construction
is occurring, then the occupant shall allow the Borough to place its
infrastructure in the occupant's trenches and bores as requested
by the Borough. In these instances, the Borough will bear an incremental
share of the costs of trenching, boring and the placement of conduit
and infrastructure.
(7)
Call before you dig provision. Before beginning excavation in
any public ROW, an occupant shall contact the regional notification
center for subsurface installations (One-Number Locator Service) to
determine possible conflicts.
(8)
Abandonment of facilities.
(a)
Any occupant of the public ROW, including any applicant, wireless
provider or wireless infrastructure provider, that intends to permanently
discontinue use of any of its communications facilities, poles or
support structures within the public ROW shall notify the Borough
in writing within 30 days prior to abandonment. Such notice shall
describe the facilities for which the use is to be discontinued, and
the date of discontinuance of use. Upon notification, at its discretion,
the Borough will choose from the following options within 14 days
or any other agreed upon option, and so notify the occupant of its
decision:
[1]
Abandon the facilities in place and the occupant shall further
convey full title and ownership of such abandoned facilities to the
Borough. The occupant will remain responsible for all obligations
of the facilities or other associated liabilities until the conveyance
to the Borough is completed; or
[2]
The facilities shall be removed and the occupant shall be liable
for removing the facilities at its own cost. If an occupant fails
to remove facilities that the Borough requires it to remove, after
90 days' notice to the occupant, the Borough may perform the
work and shall be entitled to collect the cost from the occupant,
its successors and/or assigns.
B.
Additional requirements.
(1)
General. All deployments of communications facilities in the
public ROW shall comply with the following:
(2)
Additional permits. In addition to obtaining a small cell permit
for installation of a communications facility in the public ROW, an
applicant must obtain the following additional permits and approvals,
as well as provide notice where indicated:
(a)
Notification to Borough designee for all work contemplated in this article, pursuant to § 240-194.
(b)
Construction permit (including building and electrical subcodes),
per statutory fees established by Uniform Construction Code regulations
contained in N.J.A.C. 5:23.
(c)
Zoning permit, if applicable, per this article and the applicable provisions of the Borough land use regulations, including this Chapter 240, Land Use and Development.
(e)
Telecommunications consultation and review performed by the
designee or other such official of the Borough or professional contracted
by the Borough, to include permit review, construction oversight for
code and zoning compliance and postinstallation inspection to ensure
compliance with the technical specifications.
(f)
Engineering review by the Borough engineer or outside consultant,
as needed or applicable.
(g)
Discretionary review, for small wireless facility and pole applications
not subject to administrative review pursuant to this article.
C.
Existing utility easements in the public right-of-way.
(1)
Applicants will work with the Borough Engineer to coordinate
and protect existing utilities in the public ROW.
(2)
Applicants will coordinate with the designee and Borough Engineer,
as applicable, to detail all public safety considerations prior to
and during installation in the public ROW to ensure public safety
response in the case of gas line, water line or electric Borough disturbance.
Notwithstanding anything to the contrary in this article, the
Borough may request that applicant install a small wireless facility
on a new decorative pole, or replace an existing pole with a decorative
pole, or replace an existing decorative pole with a new decorative
pole that is in keeping with the aesthetics of the existing decorative
pole or the surrounding streetscape only upon satisfaction of the
following additional requirements:
An applicant seeking to construct, modify or replace a network
of communications facilities may, at the applicant's discretion
and subject to the Borough's approval, batch application requirements
and file a consolidated application and receive multiple permits or
a single small cell permit for multiple communications facilities.
The Borough's denial of any site or sites within a consolidated
application shall not affect other sites submitted in the same application.
The Borough shall grant a permit(s) for any and all sites in a consolidated
application that it does not otherwise deny, subject to the requirements
of this article.
All aboveground communications facilities in the public ROW
requiring administrative review shall conform to the following nondiscriminatory
design guidelines:
A.
Siting and design requirements.
(1)
Pole siting standards. New poles for use as support structures
for small wireless facilities shall conform to the following siting
standards:
(a)
Height. No proposed pole shall be taller than 50 feet or 110%
of the height of poles in the surrounding streetscape, whichever is
higher. This maximum height includes the pole and any associated small
wireless facility or antenna.
(b)
Location, safety and aesthetics. No proposed pole shall be erected
in the right-of-way unless it:
[1]
Is approved pursuant to the provisions of this article;
[2]
Replaces an existing pole; or
[3]
Does not inhibit any existing sight triangles or sight distances;
and
[4]
Allows adequate room for the public to pass and repass across,
along and through the right-of-way;
[5]
Is finished and/or painted and/or 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
[6]
Is compliant with Chapter 380, Streets and Sidewalks, of the Revised General Ordinances, as well as any applicable local and state laws and regulations pertaining to the installation of utility pole structures in the right-of-way, including promulgated by the Board of Public Utilities requiring approval of proposed locations prior to installation.
(c)
Fewest poles possible. Applicant shall minimize the number of
new proposed poles in the right-of-way to the fewest possible to meet
its coverage and capacity requirements of its client. In addition,
to the maximum extent possible while remaining compliant with engineering
and structural requirements, applicant shall make any proposed pole
available to the maximum number of additional wireless providers.
(2)
Ground-level cabinet siting standards. Ground-level cabinets
shall conform to the following siting standards:
(a)
Ground-level cabinets are prohibited in the public right-of-way
in residential zones and any future residential zones.
(b)
Ground-level cabinets are permitted in nonresidential zones,
provided that such ground-level cabinet:
[1]
Is less than 28 cubic feet in volume;
[2]
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;
[3]
Does not inhibit any existing sight triangles or sight distance;
[4]
Allows adequate room for the public to pass and repass across,
along and through the municipal right-of-way; and
[5]
Is a minimum of 150 linear feet from any other existing or proposed
small wireless facility, excluding the small wireless facility for
which the ground-level cabinet will provide telecommunications functionality.
(c)
Fewest ground-level cabinets possible. Applicant shall minimize
the number of ground-mounted cabinets and shall affirmatively demonstrate
that any applicable pole or support structure is incapable of supporting
the proposed equipment cabinet.
(3)
Pole-mounted antenna and pole-mounted cabinet siting standards.
(a)
Standards.
[1]
Pole-mounted antennas are permitted on existing poles, provided
that each pole-mounted antenna:
[a]
Does not exceed three cubic feet in volume;
[b]
Is finished and/or painted and/or 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;
[c]
Does not increase the height of the proposed or
existing pole by 10% or five feet, whichever is greater, to a maximum
permitted height of 50 feet or 110% of the height of existing poles
in the surrounding streetscape, whichever is greater;
[d]
Is a minimum of 150 linear feet from any other
existing or proposed small wireless facility;
[e]
Does not inhibit any sight triangles or sight distance;
and
[f]
Allows adequate room for the public to pass and
repass across, along and through the public right-of-way.
[2]
Pole-mounted cabinets are permitted on existing poles in all
residential zones and nonresidential zones, provided that each pole-mounted
cabinet:
[a]
Does not exceed 16 cubic feet;
[b]
Is finished and/or painted and/or 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;
[c]
Does not inhibit any sight triangles or sight distance;
and
[d]
Allows adequate room for the public to pass and
repass across the public right-of-way.
(b)
Fewest small wireless facilities possible. 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
of its client.
(4)
Additional provisions for small wireless facilities on existing
utility distribution poles.
(a)
Small wireless facilities, subject to administrative review,
may be placed in the public right-of-way on top of existing utility
poles in excess of the height requirements specified in the above
design standards subject to the following requirements:
[1]
Each small wireless facility and its associated supporting utility
pole shall not exceed five feet above the tallest existing pole or
utility pole within 500 feet in place as of the application date,
or shall not exceed 10 feet above same, only if required pursuant
to electrical utility pole separation requirements.
[2]
In no event shall the combined height of the small wireless
facility and its associated utility distribution pole exceed 55 feet
in height.
[3]
Any proposed height above 50 feet shall be subject to administrative
review by the Zoning Board of Adjustment and Planning Board.
[4]
Discretionary approval is required for any proposed small wireless
facility that does not meet the above standards.
A.
Any communications facilities in the public rights-of-way existing
at the time of the adoption of the provisions of this article, whether
or not a municipal agreement exists or is in force and effect with
regard to same, shall be required to comply with the provisions of
this article.
B.
Any municipal 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
article. To the extent the provisions of any existing municipal agreement
conflict with this article, said provisions shall be replaced and
superseded by the applicable terms of this article.
In addition to compliance with the applicable provisions of
this article, 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.
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
Borough'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 Borough
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 article 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 article 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 Article XX, Wireless Telecommunications Towers and Antennas, as well as by other applicable codes and ordinances of the Borough.
The Borough Council, or other Borough person, agency or department
with the authority to do so, may waive any provision or standard set
forth in this article 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);
B.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II);
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 Borough.
As specified in herein, the designee shall be the initial point
of contact for the Borough for all matters concerning this article.
All ordinances or parts of ordinances inconsistent or in conflict
with this article are hereby repealed as to said inconsistencies and
conflicts.
If any section, part of any section, or clause or phrase of
this article is for any reason held to be invalid or unconstitutional,
such decision shall not affect the remaining provisions of this article.
The governing body of the Borough of Edgewater declares that it would
have passed the ordinance and each section and subsection thereof,
irrespective of the fact that any one or more of the subsections,
sentences, clauses or phrases may be declared unconstitutional or
invalid.
This article shall take effect 20 days after its adoption by
the Borough Council.
