A.
The purpose and intent of this chapter is to:
(1)
Establish a local policy concerning telecommunications
providers and services;
(2)
Establish clear local guidelines, standards and time
frames for the exercise of local authority with respect to regulation
of telecommunications providers and services;
(3)
Promote competition in telecommunications;
(4)
Minimize unnecessary local regulation of telecommunications
providers and services;
(5)
Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to the businesses,
institutions and residents of the Township;
(6)
Permit and manage reasonable access to the public
ways of the Township for telecommunications purposes on a competitively
neutral basis;
(7)
Conserve the limited physical capacity of the public
ways held in trust by the Township;
(8)
Assure that the Township's current and ongoing costs
of granting and regulating private access to and use of the public
ways are fully paid by the persons seeking such access and causing
such costs;
(9)
Assure that all telecommunications carriers providing
facilities within the Township comply with the ordinances, rules and
regulations of the Township;
(10)
Assure that the Township can continue to fairly and
responsibly protect the public health, safety and welfare;
(11)
Enable the Township to discharge its public trust
consistent with rapidly evolving federal and state regulatory policies,
industry competition and technological development.
B.
The Township Committee finds that due to the passage
of the Telecommunications Act of 1996 and the proliferation of telecommunication
companies seeking to use its public ways, the passage of this chapter
is necessary to ensure the health, safety and welfare of its residents.
The Committee further finds that it is empowered to enact such a licensing
ordinance pursuant to N.J.S.A. 40:42-1 and N.J.S.A. 48:17-11.
For the purpose of this chapter, and the interpretation
and enforcement thereof, the following words and phrases shall have
the following meanings, unless the context of the sentence in which
they are used shall indicate otherwise:
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
The Federal Communications Commission.
The highways, streets, alleys, utility easements or other
rights-of-way within the Township but under the jurisdiction and control
of a governmental entity other than the Township.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the Township
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the Township,
but only to the extent of the Township's right, title, interest or
authority to grant a license to occupy and use such streets and easements
for telecommunications facilities.
Small wireless facilities, consistent with 47 C.F.R. § 1.6002(1),
are facilities that meet the following conditions:
[Added 5-28-2019 by Ord. No. O-19-8]
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 C.F.R. Part 17; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 C.F.R. § 1.1307(b).
The State of New Jersey.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the Board of Public Utilities, to allow
its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment, or property within the Township,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment and property, including but not limited
to, cables, wires, conduits, ducts, pedestals, antenna, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications services
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale or lease, or an
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
The Township of Freehold.
Includes all real property owned by the Township, other than
public streets and utility easements as those terms are defined herein,
and all property held in a proprietary capacity by the Township, which
are not subject to the right-of-way licensing as provided in this
chapter.
Any perennial plant having a diameter of four inches or greater
measured at a point four feet above the ground.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundation or supports
for overhead facilities.
The total distance between the top of the utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders and regulations of the
Board of Public Utilities (BPU).
Any easement owned by the Township and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the public ways of the Township and used or to be used for
the purpose of providing utility or telecommunications services.
[Amended 5-28-2019 by Ord. No. O-19-8]
Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the Township for the sole purpose of providing telecommunications service to persons in areas outside the Township shall first obtain a license granting the use of such public ways from the Township pursuant to Article II of this chapter. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Township shall first obtain a license granting the use of such public ways from the Township pursuant to Article VI of this chapter.
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
Nothing in this chapter shall be construed as
limiting any judicial remedies that the Township may have, at law
or in equity, for enforcement of this chapter.
