[Amended 5-28-2019 by Ord. No. O-19-8]
A telecommunications license shall be required of any telecommunications carrier who desires to occupy specific public ways of the Township for the sole purpose of providing telecommunications services to persons or areas within or outside the Township. The provisions of this Article II shall not apply to small wireless facilities. The licensing procedure and requirements for small wireless facilities are governed by Article VI.
Any person that desires a telecommunications license pursuant to this Article II shall file an application with the Township which shall include the following information:
A.
The identity of the license applicant, including all
affiliates of the applicant.
B.
A description of the telecommunications services that
are or will be offered or provided by licensee over its telecommunications
facilities.
C.
A description of the transmission medium that will
be used by the licensee to offer or provide such telecommunications
services.
D.
Preliminary engineering plans, specifications and
a network map of the facilities to be located within the Township,
all in sufficient detail to identify:
(1)
The location and route requested for applicant's proposed
telecommunications facilities.
(2)
The location of all overhead and underground public
utility, telecommunication, cable, water, sewer drainage and other
facilities in the public way along the proposed route.
(3)
The location(s), if any, for interconnection with
the telecommunications facilities of other communications carriers.
(4)
The specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to temporarily or
permanently remove or relocate.
E.
If applicant is proposing to install overhead facilities,
evidence that surplus space is available for loading its telecommunications
facilities on existing utility poles along the proposed route.
F.
If applicant is proposing an underground installation
in existing ducts or conduits within the public ways, information
in sufficient detail to identify:
G.
If applicant is proposing an underground installation
within new ducts or conduits to be constructed within the public ways:
H.
A preliminary construction schedule and completion
date.
I.
A preliminary traffic control plan in accordance with
the New Jersey Department of Transportation regulations.
J.
Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the facilities.
K.
Information in sufficient detail to establish the
applicant's technical qualifications, experience and expertise regarding
the telecommunications facilities and services described in the application.
L.
Information to establish that the applicant has obtained
all other governmental approvals and permits to construct and operate
the facilities and to offer or provide the telecommunications services.
N.
Such other and further information as may be required
by the Township Committee.
Within 120 days after receiving a complete application under § 319-7 hereof, the Township Committee shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
A.
The financial and technical ability of the applicant.
B.
The legal ability of the applicant.
C.
The capacity of the public ways to accommodate the
applicant's proposed facilities.
D.
The capacity of the public ways to accommodate additional
utility and telecommunications facilities if the license is granted.
E.
The damage or disruption, if any, of public or private
facilities, improvements, service, travel or landscaping if the license
is granted.
F.
The public interest in minimizing the cost and disruption
of construction within the public ways.
G.
The service that applicant will provide to the community
and region.
H.
The effect, if any, on public health, safety and welfare
if the license is granted.
I.
The availability of alternate routes and/or locations
for the proposed facilities.
J.
Applicable federal and state telecommunications laws,
regulations and policies.
K.
Such other factors as may demonstrate that the grant
to use the public ways will serve the community interest.
No license granted hereunder shall be effective
until the applicant and the Township have executed a written agreement
setting forth the particular terms and provisions under which the
license to occupy and use public ways of the Township will be granted.
No license granted under this article shall
confer any exclusive right, privilege, license or franchise to occupy
or use the public ways of the Township for delivery of telecommunications
services or any other purposes.
No license granted under this article shall
convey any right, title or interest in the public ways, but shall
be deemed a license only to use and occupy the public ways for the
limited purposes and term stated in the grant. Further, no license
shall be construed as any warranty of title.
Unless otherwise specified in a license agreement,
a telecommunications license granted hereunder shall be in effect
for a term of five years.
A telecommunications license granted under this
article shall be limited to a grant of specific public ways and defined
portions thereof.
Unless otherwise specified in a license agreement,
all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
A.
Telecommunications facilities shall be installed within
an existing underground duct or conduit whenever excess capacity exists
within such utility facility.
B.
A licensee with permission to install overhead facilities
shall install its telecommunications facilities on pole attachments
to existing utility poles only, and then only if surplus space is
available.
C.
Whenever any existing electric utilities, cable facilities
or telecommunications facilities are located underground within a
public way of the Township, a licensee with permission to occupy the
same public way must also locate its telecommunications facilities
underground.
D.
Whenever any new or existing electric utilities, cable
facilities or telecommunications facilities are located or relocated
underground within a public way of the Township, a grantee that currently
occupies the same public way shall relocate its facilities underground
within a reasonable period of time, which shall not be later than
the end of the grant term. Absent extraordinary circumstances or undue
hardship as determined by the Township Engineer, such relocation shall
be made concurrently to minimize the disruption of the public ways.
E.
Whenever new telecommunications facilities will exhaust
the capacity of a public street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
grantee shall provide additional ducts, conduits, manholes and other
facilities for nondiscriminatory access to future telecommunications
carriers.
All licensees are required to obtain construction permits for telecommunications facilities as required in Article IV of this chapter; provided, however, that nothing in this article shall prohibit the Township and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provided substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.[1]
A.
A new license application and grant shall be required
of any telecommunications carrier that desires to extend or locate
its telecommunications facilities in public ways of the Township which
are not included in a license previously granted under this chapter.
B.
If ordered by the Township to locate or relocate its
telecommunications facilities in public ways not included in a previously
granted license, the Township shall grant a license amendment without
further application.
A licensee that desires to renew its license
under this article shall, not more than 180 days nor less than 90
days before expiration of the current license, file an application
with the Township for renewal of its license which shall include the
following information:
Within 90 days after receiving a complete application under § 319-17 hereof, the Township shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
A.
The financial and technical ability of the applicant.
B.
The legal ability of the applicant.
C.
The continuing capacity of the public ways to accommodate
the applicant's existing facilities.
D.
The applicant's compliance with the requirements of
this chapter and the license agreement.
E.
Applicable federal, state and local telecommunications
laws, rules and policies.
F.
Such other factors as may demonstrate that the continued
grant to use the public ways will serve the community interest.
No license shall be renewed until any ongoing
violations or defaults in the licensee's performance of the license
agreement, or of the requirements of this chapter, have been cured,
or a plan detailing the corrective action to be taken by the grantee
has been approved by the Township.
