[Adopted 11-13-1922 by Ord. No. 209 (§§ 175-1
to 175-54 of the 1982 Code)]
A.
COUNCIL
DIRECTOR OF PUBLIC WORKS OR DIRECTOR
OCCUPANT
OWNER
PERSON
ROADWAY
SIDEWALKS
STREET
Definitions. Unless otherwise expressly stated, the
following terms, whenever used in this chapter, shall respectively
be deemed to have the meanings indicated:
The Mayor and Council of the Borough of Leonia.
The Director of Public Works appointed by the Borough of
Leonia or such person or persons as shall succeed to his office, powers
or duties.
The owner, tenant, lessee or person in charge of or in control
of or in possession of any building or premises or part thereof or
of any personal property.
The person, firm or corporation having the legal title to
lands and premises or to personal property.
An individual or individuals or a corporation, or voluntary
association.
That portion of the street lying between the curblines.
The pavement between the curb- and property line.
Includes the portion thereof devoted to gutters, curbs and
sidewalks.
B.
Word usage. Singular includes the plural; masculine
includes the feminine and also corporation and voluntary associations.
A.
Application. No permit authorized by this chapter
shall be granted except pursuant to an application, in writing, therefor,
signed by the person desiring such permit or his agent, which application
shall set forth such facts as the officer authorized to grant such
permit shall require, and, when forms for such application are furnished
by the Mayor and Council, it shall be upon such forms and shall set
forth all the information required.
B.
Refusal to issue permits; hearing. The officer authorized
by this chapter to issue any permit is also authorized to refuse the
issue of any permit, if in his opinion such refusal is in the interest
of the public safety, public convenience or public health. In case
any permit shall be refused by any such officer, an appeal from such
officer’s determination may be taken to the Mayor and Council,
and the Mayor and Council, after hearing the applicant and such officer
and such other evidence as may be produced, may either direct the
issuance of such permit or sustain the refusal of the officer.
C.
Revocation; appeal. No permit granted in pursuance
of the provisions of this chapter shall create any vested rights,
but such permit may be revoked at any time by the officer issuing
it. Such revocation may be appealed to the Mayor and Council for its
final determination.
D.
Payment of fee required prior to issuance. No permit
shall be issued until the fee therefor shall have been paid to the
officer authorized to issue such permit, for the use of the Borough
of Leonia.
A.
Permit required for connection; inspection. No sewer
connection shall be made without a permit therefor issued by the Director.
The Director may make rules and regulations governing the manner and
method of making such connections. No connection shall be covered
until the same has been inspected by the Borough Engineer and approved
by him.
B.
Laying of private sewers. No person shall lay any
private sewer in or through any street or portion thereof unless he
shall first obtain written permission therefor from the Mayor and
Council, which permission shall in all cases be subject to the following
conditions, whether contained in such written permission or not:
(1)
That such permission creates no vested rights and
shall be revocable by the Mayor and Council at any time.
(2)
That the location, plan and character of the sewer
and its connections shall be approved by the Mayor and Council, and
the work shall be done under the supervision of the Borough Engineer.
(3)
That in case any other person may desire to connect
with such sewer, the Mayor and Council may grant a revocable permit
therefor to such person, upon condition that such person desiring
to connect with such sewer shall pay to the applicant, its successors,
heirs or assignees such sum as the Mayor and Council may deem equitable
and just or such annual rental as the Mayor and Council may deem equitable
and just.
(4)
That the applicant, its successors, heirs or assignees
will convey said sewer and all its appurtenances to the Borough at
any time when such sewer may be connected with the sewage disposal
plant of the Borough, and that the applicant, its successors, heirs
or assignees will at such time pay the reasonable sum which will equal
its reasonable proportion of the cost of the construction of the mains
and sewage disposal plant. In case of a disagreement as to the amount
to be paid, as herein provided, such question shall be referred to
the Commissioners of Assessment of the Borough, whose determination
shall be final and conclusive by both parties.
A.
Maintenance. The owner or occupant of premises abutting
any bluestone or concrete sidewalk shall maintain such sidewalk at
all times in good and passable condition at a grade which will prevent
water accumulating thereon and shall replace any flagstones which
become broken and shall maintain the flagstones so that the joints
thereof are even. The surface of all concrete sidewalks shall be kept
properly roughened so as not to become smooth and slippery.
B.
Repairs; cost of repairs.
(1)
In case any sidewalk becomes out of repair, the owner or occupant of the lands abutting such sidewalk shall forthwith, upon receipt of written notice from the Property Maintenance Code Inspector, repair or cause the same to be repaired and made in a good and passable condition, and conform with the requirements of Subsection A of this section.
(2)
In case the owner or occupant of the lands abutting such sidewalks shall fail to repair or cause the same to be repaired and made in good and passable condition and conform with the requirements of Subsection A within the time given in the notice from the Property Maintenance Code Inspector, it shall be the duty of the Property Maintenance Code Inspector, to cause such work to be done under his direction, and he shall certify the cost thereof to the Council.
(3)
The cost of such repair as certified by the Property
Maintenance Code Inspector, if found correct by the Council, shall
forthwith become a lien upon the lands abutting or bordering any such
sidewalk, and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, and shall bear
the same interest as taxes.
(4)
The Council shall, upon receiving a certificate of
cost as aforesaid from the Property Maintenance Code Inspector, examine
the same and, if found correct, shall adopt a resolution to that effect,
directing that a certified copy thereof be delivered to the Collector
of Taxes, who shall thereupon collect such charges at the time of
the collection of the taxes next to be assessed and levied upon such
lands and as a part thereof.
C.
Driving on sidewalks prohibited. No person shall ride,
drive or pass over or along any sidewalk with horses, wagons, carts,
carriages, automobiles, motor trucks, motorcycles or bicycles, provided
that this section shall not prevent the use of driveways or the crossing
of a sidewalk at right angles for the purpose of entering upon property,
provided that, in the last-mentioned case, the curb, if any and the
sidewalk, if any, shall be protected in a manner approved by the Property
Maintenance Code Inspector.
D.
Handcarts prohibited. No person shall propel by hand
or any other means any handcart along any sidewalk.
E.
Permit required for bridging. No person shall place
any bridging over any gutter or any pipe or other obstruction in any
gutter without first obtaining a written permit therefor from the
Property Maintenance Code Inspector.
F.
Sidewalks to be unencumbered. No person shall place
or permit to be placed upon any sidewalk any object or thing that
shall in any manner encumber such sidewalk or render travel upon such
sidewalk dangerous or unsafe.
G.
Awnings.
(1)
No person shall place or maintain any drop awning
extending over any sidewalk which, when lowered, shall be less than
seven feet above such sidewalk.
(2)
Temporary awnings may be erected across a sidewalk
and permitted to remain for a period not exceeding 24 hours, provided
that the same shall be securely fastened and shall be so arranged
as to permit travel along the sidewalk.
A.
Permit required for construction. No vault, coal bin
or other room or place shall be constructed under any street or sidewalk
without a permit therefor issued by the Director. No such permit shall
be issued, until an application to erect such a vault, coal bin or
other room or place, signed by the person making the same and stating
the number of square feet of ground which is required for the same
and the intended length and width of the same, is presented to the
Mayor and Council and the Director is authorized by the resolution
of the Mayor and Council to issue such permit and until there shall
have been paid to the Director a fee of $25.
B.
Plans to be submitted and approved. No such vault,
coal bin or other room or place shall be constructed under any permit
granted as aforesaid, until the plans therefor shall have been submitted
to and approved by the Director.
C.
Revocation of permit. Permits issued under this article
shall be revocable by the Mayor and Council.
A.
Buildings not to encroach upon streets. No person
shall permit any building, structure, erection or any part thereof
to encroach upon or extend over, under or into any public street or
public place, except as in this chapter is permitted and authorized.
B.
Encroachments to be removed. The owner of every building,
structure or erection which, either in whole or in part, encroaches
upon or extends over, under or into any public street or place shall
cause such encroachment to be removed within 10 days after receiving
written notice from the Director of Public Works so to do. Every day
that such owner shall fail, refuse or neglect to comply with said
order after the expiration of said period of 10 days shall constitute
a separate and distinct violation of this chapter.
C.
Storage of building materials.
(1)
No person shall obstruct or permit the obstruction
of any street or public place by the storage or placing of any building
material or other material or merchandise thereon and permitting the
same to remain longer than is necessary to convey the same on or into
private property, unless a permit therefor shall be obtained from
the Director of Public Works. No permit shall be granted which permits
the use or obstruction of more than 1/3 of the width of the roadway
of such street or public place at any point.
(2)
The application for such permit shall state the kind
and character of material to be stored or placed in such public street
or place, the exact location where the same is to be stored or placed
and the maximum length of time that such obstruction shall continue.
The Director of Public Works may impose conditions in any permit issued
under this section with respect to keeping the sidewalk open for travel
and other conditions which he shall deem proper in the interest of
the public safety and convenience. The fee for such permit shall be
$2. Such permit shall be kept posted in a conspicuous place on or
near the material and shall be kept there so as to be readily accessible
to inspection.
D.
Cellarways or hoistways. No cellarway or hoistway
shall be constructed in any public street without a permit therefor
issued by the Director of Public Works. The fee for such permit shall
be $5. No permit shall be granted for any such cellarway or hoistway
which extends into the street more than five feet from the property
line. All such cellarways or hoistways shall be covered with iron
doors flush with the sidewalk and when opened shall at all times be
protected by either guardrails or chains. No such cellarway or hoistway
shall remain open so that the sidewalk or street is obstructed for
a period longer than is necessary for the reasonable use thereof.
[Added 4-5-2021 by Ord. No. 2021-01]
A.
ADMINISTRATIVE REVIEW
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY
CO-LOCATE
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
ELIGIBLE FACILITIES REQUEST
FCC
LAWS
ORDINARY MAINTENANCE AND REPAIR
PERMIT
PERMITTEE
PERSON
POLE
PROVIDER
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
REPLACE or REPLACEMENT
SMALL WIRELESS FACILITY
STATE
SUPPORT STRUCTURE
SURROUNDING STREETSCAPE
TOWER
WIRELESS FACILITY
WIRELESS SERVICES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Ministerial review of an application by the Mayor and Council
and Borough Engineer to determine whether the issuance of a permit
is in conformity with the applicable provisions of this section.
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.
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.
Any person or entity who submits an application under this
section.
A written request, on a form provided by the Borough of Leonia.
The Mayor and Council of the Borough of Leonia.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small wireless facility is attached
at the time of the application. "Co-location" has a corresponding
meaning.
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including:
i) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and ii) all other equipment
associated with any of the foregoing. A communications facility does
not include the pole, tower or support structure to which the equipment
is attached.
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).
A provider of communications services and includes a cable
operator as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
An eligible facilities request as set forth in 47 CFR 1.40001(b)(3),
as that section may be amended from time to time.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state or local law, statute,
common law, code, rule, regulation, order, or ordinance.
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.
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.
An applicant that has received a permit under this section.
An individual, corporation, limited liability company, partnership,
association, trust or other entity or organization, including a governmental
entity.
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.
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.
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.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this section and any other applicable regulations
in order to address limitations of the existing structure to structurally
support co-location of a communications facility.
A wireless facility that meets both of the following qualifications:
i) each antenna could fit within an enclosure of not more than three
cubic feet in volume; and ii) all other wireless equipment associated
with the antenna, including the preexisting equipment, is cumulatively
no more than 28 cubic feet in volume.
The State of New Jersey.
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.
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.
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.
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.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
B.
Access to public right-of-way. Prior to installing in the public
ROW any communications facility, or any pole built for the sole or
primary purpose of supporting a communications facility, or any tower,
a person shall enter into a right-of-way use agreement with the Borough
of Leonia expressly authorizing use of the public right-of-way for
the communications facility, pole or tower proposed to be installed.
(1)
The term of the ROW use agreement shall not exceed 15 years.
(2)
The ROW use agreement authorizes the provider's nonexclusive
use of the public ROW for the sole purpose of installing, maintaining
and operating communications facilities, including any pole built
for the sole or primary purpose of supporting the communications facilities
and to provide the services expressly authorized in the agreement
subject to applicable codes and applicable laws, this section and
the terms and conditions of the agreement. The agreement authorizes
use only of the public ROW in which the Borough has an actual interest.
It is not a warranty of title or interest in any public ROW, and it
does not confer on the provider any interest in any particular location
within the public ROW. No other right or authority is granted except
as expressly set forth in the agreement. Nothing herein shall authorize
the use of the Borough's poles, towers, support structures, or
other structures in the public ROW. All use of the Borough's
poles, towers, support structures and other structures in the public
ROW shall require a separate agreement and the payment of separate
fees for such use.
(3)
The provider shall, at its sole cost and expense, keep and maintain
its communications facilities, poles, support structures and towers
in the public ROW in a safe condition, and in good order and repair.
(4)
The provider shall provide insurance and indemnification of
the Borough as described in the ROW use agreement. The insurance coverage
limits must be at least as broad as follows:
(a)
Workers' compensation and employer's liability insurance.
(b)
Comprehensive general liability. Comprehensive general liability
("CGL") insurance with limits no less than $2,000,000 per occurrence.
(c)
Automobile liability. Automobile liability insurance covering
claims for bodily injury and property damage arising from all owned,
hired and non-owned vehicles with limits of not less than $1,000,000
combined single limit.
C.
ROW permit.
(1)
No person may construct, maintain or perform any other work
in the public ROW related to communications facilities, poles built
for the sole or primary purpose of supporting communications facilities,
or towers without first receiving a permit to the extent required
under this section, and any subsequent permits or authorizations required
by applicable laws or the authority.
(2)
The authority shall not issue a permit unless the applicant,
or a provider on whose behalf the applicant is constructing communications
facilities, poles or towers, has applied for and received the ROW
use agreement required by this section, or otherwise has a current
and valid franchise with the Borough expressly authorizing use of
the public ROW for the communications facilities, poles or towers
proposed in the application, and all applicable fees have been paid.
(3)
The provider shall not locate or maintain its communications
facilities, wireless facilities, support structures, poles and towers
so as to unreasonably interfere with the use of the public ROW by
the Borough, by the general public or by other persons authorized
to use or be present in or upon the public ROW.
D.
Location and siting.
(1)
Height. No pole shall be taller than 35 feet in height, including
the antennas, or 110% of the height of poles in the surrounding streetscape,
whichever is higher.
(2)
Distance from curbline. No pole shall be farther than five feet
from the curbline.
(3)
Location, safety and aesthetics. No pole shall be erected in
the right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved by the authority; or
(c)
Is located within the municipal right-of-way; and
(d)
Is at least 200 linear feet from any other existing pole or
proposed pole along the same side of the street; and
(e)
Is not located in an area with the underground utilities; and
(f)
Does not inhibit any existing sight triangles; and
(g)
Allows adequate room for the public to pass and re-pass across
the right-of-way; and
(h)
Utilizes stealth technology in order that the pole is finished
and/or painted so as to blend in compatibly with its background and
so as to minimize its visual impact on surrounding properties.
(4)
The authority may require new poles to be decorative poles if
appropriate.
(5)
Pole-mounted antennas are permitted on new and existing poles,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(6)
Pole-mounted cabinets are permitted on new and existing poles,
provided that each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged in conformance
with best available stealth technology methods so as to blend in compatibly
with its background and so as to minimize its visual impact on surrounding
properties; and
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(7)
The authority may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
(8)
Ground-mounted equipment may be used only to house equipment
and other supplies in support of the wireless facility.
(9)
Underground utilities. Unless otherwise agreed to in writing
by the authority or otherwise required by applicable laws, whenever
any existing electric utilities or communications facilities are located
underground within a public ROW, the provider with permission to occupy
the same portion of the public ROW shall locate its communications
facilities underground at its own expense. The authority may, in its
sole discretion, approve aboveground placement of equipment cabinets,
pedestals and similar equipment. For facilities or equipment such
as wireless facilities that cannot, by their nature, operate unless
located above ground, the provider and authority shall work to find
a suitable location for such facilities or equipment, which may be
outside the public ROW.
(10)
All wireless equipment associated with the pole or tower, including
the wireless equipment associated with the antenna and any preexisting
associated equipment, shall not be more than 28 cubic feet in volume.
(11)
The provider shall, upon completion of construction, provide
the Borough with as-built drawings and a map showing the location
of the facility and equipment.
E.
Restoration requirements.
(1)
The provider, or its agent or contractor, shall restore, repair
and/or replace any portion of the public ROW that is damaged or disturbed
by the provider's communications facilities, poles, towers or
work in or adjacent to the public ROW.
(2)
If the provider fails to timely restore, repair or replace the
public ROW as required in this subsection, the authority or its contractor
may do so, and the provider shall pay the authority's costs and
expenses in completing the restoration, repair or replacement.
F.
Removal, relocation and abandonment.
(1)
Within 30 days following written notice from the authority,
the provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any of its communications facilities, poles, support structures
or towers within the public ROW, including relocation of aboveground
communications facilities underground (consistent with the provisions
of this section), whenever the Borough has determined, in its sole
discretion, that such removal, relocation, change or alteration is
necessary for the construction, repair, maintenance or installation
of any Borough improvement, the operations of the Borough in, under
or upon the public ROW, or otherwise is in the public interest. The
provider shall be responsible to the Borough for any damages or penalties
it may incur as a result of the provider's failure to remove
or relocate communications facilities, poles, support structures or
towers as required in this subsection.
(2)
The Borough retains the right and privilege to cut or move any
communications facility, pole, support structure or tower located
within the public ROW of the Borough, as the Borough may determine,
in its sole discretion, to be necessary, appropriate or useful in
response to any public emergency. If circumstances permit, the Borough
shall notify the provider and give the provider an opportunity to
move its own facilities prior to cutting or removing the communications
facility, pole, support structure or tower. In all cases, the Borough
shall notify the provider after cutting or removing the communications
facility, pole, support structure or tower as promptly as reasonably
possible.
(3)
A provider shall notify the Borough of abandonment of any communications
facility, pole, support, structure or tower at the time the decision
to abandon is made; however, in no case shall such notification be
made later than 30 days prior to abandonment. Following receipt of
such notice, the provider shall remove its communications facility,
pole, support structure or tower at the provider's own expense,
unless the Borough determines, in its sole discretion, that the communications
facility, pole, support structure or tower may be abandoned in place.
The provider shall remain solely responsible and liable for all of
it communications facilities, poles, support structures and towers
until they are removed from the public ROW, unless the Borough agrees
in writing to take ownership of the abandoned communications facilities,
poles, support structures or towers.
(4)
If the provider fails to timely protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter any of
its communications facilities, poles, support structures or towers
or remove any of its abandoned communications facilities, poles, support
structures or towers as required in this subsection, the Borough or
its contractor may do so, and the provider shall pay all costs and
expenses related to such work, including any delay damages or other
damages the Borough incurs arising from the delay.
G.
Fees and charges.
(1)
Agreement/license application fee. Every person requesting a
right-of-way agreement, franchise agreement or license agreement from
the Borough shall pay an application fee of $250, which shall be paid
upon submission of the right-of-way agreement, franchise agreement
or license agreement application.
(2)
Permit application fee.
(a)
The applicant shall pay a permit application fee of $500 for
an application for up to five small wireless facilities submitted
simultaneously by a provider. The fee of $100 is established for each
additional small wireless facililty.
(b)
The applicant shall pay a nonrecurring fee for a new pole (not
a co-location) intended to support one or more small wireless facilities
of $1,000.
(3)
An annual $270 per small wireless facility fee shall be paid
to the Borough no later than January 1 of each calendar year.
(4)
Other fees. The applicant or provider shall be subject to any
other generally applicable fees of the Borough or other government
body, such as those required for electrical permits, building permits,
or street-opening permits, which the applicant or provider shall pay
as required in the applicable laws, as well as attachment fees for
the use of the Borough-owned poles, towers, support structures, ducts,
conduits or other structures in the public ROW, as set forth in attachment
agreements authorizing such use.
(5)
No refund. Except as otherwise provided in the right-of-way
agreement, franchise agreement, or license, the provider may remove
its communications facilities, poles or towers from the public ROW
at any time, upon not less than 30 days' prior written notice
to the Borough, and may cease paying the Borough any applicable recurring
fees for such use, as of the date of actual removal of the facilities
and complete restoration of the public ROW. In no event shall a provider
be entitled to a refund of fees paid prior to removal of its communications
facilities, poles or towers.
H.
Permit applications.
(1)
Permit required. Unless expressly authorized in this section
or in writing by the authority, no person may construct, install or
maintain in the public ROW any communications facilities, poles bult
for the sole or primary purpose of supporting communications facilities
or towers, including the installation or co-location of communications
facilities on existing poles, towers, support structures or other
structures within the public ROW without first receiving a permit.
Notwithstanding the foregoing, in the event of an emergency, a provider
or its duly authorized representative may work in the public ROW prior
to obtaining a permit, provided that the provider shall attempt to
contact the Borough prior to commencing the work and shall apply for
a permit as soon as reasonably possible, but not later than 24 hours,
after commencing the emergency work. For purposes of this subsection,
an "emergency" means a circumstance in which immediate repair to damaged
or malfunctioning facilities is necessary to restore lost service
or prevent immediate harm to persons or property.
(2)
Permit application requirements. The application shall be made
by the provider or is duly authorized representative and shall contain
the following:
(a)
The applicant's name, address, telephone number, and email
address, including emergency contact information for the applicant.
(b)
The names, addresses, telephone numbers and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(c)
A description of the proposed work and the purposes and intent of the proposed communications facility, pole, tower, support structure or wireless facility (as applicable) sufficient to demonstrate compliance with the provisions of this § 247-6.1.
(d)
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
(e)
Detailed construction drawings regarding the proposed communications
facility, pole, tower, support structure or wireless facility (as
applicable).
(f)
To the extent the proposed facility involves co-location on
a pole, tower or support structure, a structural report performed
by a duly licensed engineer evidencing that the pole, tower or support
structure will structurally support the co-location (or that the pole,
tower or support structure will be modified to meet structural requirements)
in accordance with applicable codes.
(g)
For any new aboveground facilities, accurate visual depictions
or representations, if not included in the construction drawings.
(3)
Proprietary or confidential information in application. Applications
are public records that may be made publicly available pursuant to
the New Jersey Open Public Records Act.[1] Notwithstanding the foregoing, the applicant may designate
portions of its application materials that it reasonably believes
contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each portion of such materials accordingly,
and the Borough shall treat the information as propriety and confidential,
subject to the New Jersey Open Public Records Act and the Borough's
determination that the applicant's request for confidential or
proprietary treatment of application materials is reasonable. The
Borough shall not be required to incur any costs to protect the application
materials from disclosure, other than the Borough's routine procedures
for complying with the New Jersey Open Public Records Act.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(4)
Ordinary maintenance and repair. A permit shall not be required
for ordinary maintenance and repair. The provider or other person
performing the ordinary maintenance and repair shall obtain any other
permits required by applicable laws and shall notify the Borough in
writing at least 48 hours before performing the ordinary maintenance
and repair.
(5)
Material changes. Unless otherwise agreed to in writing by the authority, any material changes to an application, as determined by the authority in its sole discretion, shall be considered a new application for purposes of the time limits set forth in this Subsection H, unless otherwise provided by applicable laws.
(6)
Application fees. Unless otherwise provided by the applicable laws, all applications pursuant to this section shall be accompanied by the fees required under Subsection G.
(7)
Effect of permit. A permit from the authority authorizes an
applicant to undertake only the activities in the public ROW specified
in the application and permit, and in accordance with this section
and any general conditions included in the permit. A permit does not
authorize attachment to or use of existing poles, towers, support
structures or other structures in the public ROW; a permittee or provider
must obtain all necessary approvals from the owner of any pole, tower,
support structure or other structure prior to any attachment or use.
A permit does not create a property right or grant authority to the
applicant to interfere with other existing uses of the public ROW.
(8)
Duration. Any permit for construction issued under this section
shall be valid for a period of 180 days after issuance, provided that
the period may be extended for up to an additional 90 days upon written
request from the applicant (made prior to the end of the initial 180-day
period) if the failure to complete construction is as a result of
circumstances beyond the reasonable control of the applicant.
(9)
Batch permit. An applicant may simultaneously submit not more
than five applications for communications facilities, or may file
a single, consolidated application covering such communications facilities,
provided that the proposed communications facilities are to be deployed
on the same type of structure using similar equipment and within an
adjacent, related geographic area of the Borough. If the applicant
files a consolidated application, the applicant shall pay the application
fee calculated as though each communications facility were a separate
application.
I.
Application review.
(1)
Preapplication meeting. Prior to making a formal application
with the Borough for use of the municipal right-of-way, all applicants
are advised to meet voluntarily with the Borough Engineer to review
the scope of the applicant's proposal.
(2)
All applications made under this section shall be expedited
so as to comply with the shot clocks set forth in the Federal Communications
Commission Order titled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barrier to Infrastructure Investment,"
WT Docket No. 17-79; WC Docket No. 170-84.
(3)
The Borough Engineer shall review all applications for the placement
of new poles and ground-level cabinets within the municipal ROW and
the placement of pole-mounted antennas and pole-mounted cabinets within
the municipal ROW and advise the authority whether the application
is complete and whether it meets the requirements of this section.
(4)
Except as otherwise provided by applicable laws, the authority
shall, within 30 days of receiving an application, notify the applicant
if the application is incomplete and identify the missing information.
The applicant may resubmit the completed application within 10 days
without additional charge, in which case the authority shall have
30 days from receipt of the resubmitted application to verify the
application is complete, notify the applicant that the application
remains incomplete or, in the Borough's sole discretion, deny
the application.
(5)
The authority shall review the application and, if the application conforms with applicable provisions of § 247-6A, the authority shall issue the permit, subject to the standard permit requirements published by the Borough.
(6)
The authority shall make its final decision to approve or deny
the application within 60 days for a co-location of a small wireless
facility to an existing structure, and 90 days to deploy a small wireless
facility on a new structure, after the application is complete (or
deemed complete in the event the Borough does not notify the applicant
that the application or resubmitted application is incomplete). Review
of an application to deploy a facility other than a small wireless
facility using a new structure shall be decided within 150 days.
(7)
Waiver. The authority may waive any siting standard set forth in § 247-6.1 where the applicant demonstrates that strict enforcement of said standard:
(a)
Will prohibit or have the effect of prohibiting any interstate
or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(b)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)II; or
(c)
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barrier to Infrastructure Investment,"
WT Docket No. 17-79; WC Docket No. 170-84.
(8)
The authority shall advise the applicant in writing of its final
decision.
No person shall move any building or structure
across, along or through any street or public place without obtaining
a permit therefor from the Director of Public Works. The fee for such
permit shall be $5. Such permit may contain conditions relating to
the manner of the removal and the length of time that any street or
public place may be obstructed, either in whole or in part, and any
other regulations for the protection of the street or public place
and the public safety or convenience.
A.
No person shall organize or conduct or assist in the
organization or conduct of any parade upon any of the public streets
or public places without obtaining a permit therefor from the Chief
of Police.
B.
The Chief of Police shall not issue any such permit
until an application therefor shall have been submitted to the Mayor
and Council at a regular or special meeting and such permission has
been granted at a regular or special meeting and a permit authorized
by a resolution of the Mayor and Council.
A.
Placement of signs. No person shall erect or place
any sign, show bill, showboard or billboards in any of the public
streets or places except such as shall be authorized by this chapter
or any other ordinances of the Mayor and Council and pursuant to the
provisions thereof.
B.
Distribution of circulars. No person shall distribute any posters, cards, pamphlets, circulars or advertisements on the streets or public places, except pursuant to a permit issued by the Chief of Police. The fee for such a permit shall be as set forth in Chapter 123, Fees. No permit shall authorize the distribution of such matter generally, and each permit shall be restricted to a particular and specified poster, card, pamphlet, circular or advertisement. No such permit shall remain in force for more than five days.
C.
Placement of advertisements. No person shall place
any sign or advertisement or other matter upon any pole, tree, curbstone,
sidewalk or elsewhere in any public street or public place, except
such as may be authorized by this chapter or any other ordinance of
the Mayor and Council.
D.
Defacement of signs prohibited. No person shall injure,
deface, obliterate, remove, take down or disturb or in any other manner
interfere with or disturb any signboard containing the name of any
street or public place or any bulletin board or sign or notice erected,
posted or placed, bearing the name of the Mayor and Council or any
officer thereof.
No person shall throw or permit to be thrown
any ashes, garbage, paper or other refuse or waste or other material
upon any street or public place; provided, however, that clean ashes
may be placed upon ice which has formed upon any sidewalk.
No person shall throw or place or permit or
aid the throwing or placing of glass, tacks or other like sharp substance
upon any public street or public place.
No person shall remove, displace, break or change
any sign or lights or signals set up or placed in any street or public
place as a warning of danger or indicating an excavation or obstruction
or showing that any street or public place is closed to traffic; and
no person shall between the hours of sunset and sunrise extinguish
any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the
cover thereof, unless such opening shall be guarded by a guardrail
and shall be so marked, both day and night, as to be plainly seen
at a distance of 50 feet, which guardrail shall be maintained so long
as such manhole shall remain opened or uncovered.
No person shall coast upon any street, unless
such street or the portion thereof used for coasting shall be closed
to vehicular traffic.
The Director of Public Works may close any street
or public place or section thereof to public traffic for the purpose
of repairing, constructing or reconstructing the same. The Mayor and
Council may by resolution designate certain streets or portions thereof
upon which coasting will be permitted at certain times of the day
and may direct that such street or portion thereof shall be closed
to vehicular traffic during such hours. When any street or public
place or portion thereof is closed, there shall be a sign at each
end of the portion closed, plainly visible to approaching traffic,
reading substantially as follows: "Street Closed - Passing Forbidden."
No person shall drive or cause to be propelled any vehicle over said
street or portion thereof so closed and marked as aforesaid. For the
purpose of this section, a sleigh or sled used for coasting shall
not be construed to be a vehicle.
A.
No person shall place or erect any electric light,
telegraph, telephone or other pole in or upon any street or public
place, except pursuant to permission granted by a resolution adopted
by the Mayor and Council.
B.
No electric light, telegraph, telephone or other pole
shall be hereafter placed or erected on any street or public place,
unless the same shall be straight and neat in appearance, and every
such pole shall be kept well painted. No wires shall be run or strung
upon any pole at a distance less than 18 feet from the ground.
[Amended 10-20-2008 by Ord. No. 32-08]
A.
Removal of snow and ice. The owner or owners, tenant
or tenants of lands abutting or bordering upon sidewalks and gutters,
public streets, avenues, highways and public places shall remove all
snow and ice from the same within 12 hours of daylight after the same
shall be formed or fall thereon.
B.
No person shall throw, place or deposit snow or ice
into or on any public street, thoroughfare, sidewalk, public property
or private property belonging to another.
[Added 3-7-2011 by Ord. No. 02-11]
C.
Failure to remove; penalties. In case the owner or
owners, tenant or tenants of lands abutting or bordering upon the
sidewalks and gutters of public streets, avenues, highways and public
places shall refuse or neglect to remove all snow and ice from the
same within 12 hours of daylight after the same shall be formed or
fall thereon, said owner or owners, tenant or tenants shall be liable
for a violation of this chapter and shall be subject to penalty as
hereinafter provided and, at the option of the Borough Council, upon
refusal or neglect of such owner or owners, tenant or tenants to remove
such snow and ice within the time or times herein provided, the same
may be removed by said Borough Council under the direction of its
Director of Public Works or other person or officer having charge
of the streets and avenues and the cost thereof collected in the manner
hereinafter provided.
D.
Cost of removal to be lien on property. In the case
of the removal of such snow or ice by the Borough Council, the Director
of Public Works or other person or officer having charge of the streets
and avenues shall certify the cost to the Council. The cost of such
removal as certified by the Director of Public Works or other person
or officer having charge of the streets or avenues, if found correct
by the Council, shall forthwith become a lien upon the lands abutting
or bordering any such sidewalk or gutter and shall be added to and
become and form a part of the taxes next to be assessed and levied
upon such lands and shall bear the same interest as taxes.
E.
Collection of costs. The Council shall, upon receiving
a certificate of cost as aforesaid from the Director, examine the
same and, if found correct, shall adopt a resolution to that effect,
directing that a certified copy thereof be delivered to the Collector
of Taxes, who shall thereupon collect such charges at the time of
the collection of the taxes next to be assessed and levied upon such
lands and as a part thereof.
[Amended 9-17-2007 by Ord. No. 14-07]
Any person, firm or corporation violating any
of the provisions of this chapter shall be punishable by a fine of
$100 for a first offense and $250 for a second or subsequent offense
in any calendar year.
