[Adopted 10-26-2020 by Ord. No. B-289]
A.
Purpose. The purpose of this article is to establish uniform, nondiscriminatory
standards for the placement, installation and construction of small
wireless facilities (as hereinafter defined) in the municipal right-of-way
(as hereinafter defined) or public grounds (as hereinafter defined)
within the City's jurisdiction in a manner that will provide public
benefit and will preserve the integrity, public safety and aesthetics
of the municipal right-of-way and public grounds, and community character.
B.
Intent. The intent of the standards established herein is to facilitate
deployment of facilities that provide for the public benefits of advanced
communications services, while providing for proper management of
the municipal right-of-way and public grounds in a manner that complies
with all applicable state and federal laws and regulations. In fulfilling
this intent, this article is designed to prevent:
(1)
Interference with the use of streets, sidewalks, alleys, bikeways,
and other public ways and places;
(2)
Creation of visual and physical obstructions and other conditions
that are hazardous to vehicular and pedestrian traffic;
(3)
Interference with facilities and operation of facilities lawfully
located in or near municipal rights-of-way or public grounds;
(4)
Environmental damage, including damage to trees; and
(5)
Degradation to the character of the areas in which small wireless
facilities are installed.
C.
Conflicts. To the extent any previously adopted provisions of this
Code conflict with this article, this article supersedes all such
provisions.
As used in this article, the following terms shall have the
meanings indicated:
The cost of processing an application, including, but not
limited to, all professional fees such as engineer and attorney costs
incurred by the City.
The person or entity seeking to place a small wireless facility,
cabinet or pole within the municipal right-of-way or public grounds
that submits an application, and the agents, employees, and contractors
of such person or entity.
Either a new ROW installation application or an existing
ROW installation application, submitted by an applicant to the City
for purposes of procuring a right-of-way permit.
A pole-mounted small box-like or rectangular structure used
to facilitate utility or Personal Wireless Service.
The person appointed to be the City Clerk for the City of
Hoboken pursuant to N.J.S.A. 40A:9-133.
The City Council of the City of Hoboken.
The person appointed to be City Engineer for the City of
Hoboken pursuant to N.J.S.A. 40A:9-140 or its designee.
To install or mount equipment, cabinets or small wireless
facilities on, under, or within a preexisting communications facility,
pole, existing pole, cabinet, existing cabinet or other support structures
in the municipal right-of-way or public grounds.
A cabinet that is in lawful existence within the municipal
right-of-way or public grounds, including ground-mounted and at grade
installations.
An existing small cell wireless facility, existing cabinet,
or existing pole that is in lawful existence within the municipal
right-of-way or public grounds.
A pole that is in lawful existence within the municipal right-of-way
or public grounds.
The entity currently utilizing any small wireless facility
within the municipal right-of-way or public grounds.
A formal written request in compliance with the requirements
as established by the City for a right-of-way permit to construct
or install a small wireless facility on an existing facility within
a municipal right-of-way or public grounds submitted by an applicant
to the City Engineer in accordance with this article.
An existing small cell wireless facility that is in lawful
existence within the municipal right-of-way or public grounds.
The Federal Communications Commission.
The Declaratory Ruling and Third Report and Order, WT Docket
No. 17-79; WC Docket 17-84 adopted on September 26, 2018.
The surface of, and the space above or below, any public
street, road, lane, path, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the City as an easement or in
fee simple ownership, or any other area that is determined by the
City to be a right-of-way in which the City may allow the installation
of small wireless facilities, cabinets and poles. This term may also
include county rights-of-way where the county requires the approval
of the City pursuant to N.J.S.A. 27:16-6 for the use of same.
Any proposed pole.
A formal written request in compliance with the requirements
as established by the City for a right-of-way permit to construct
or install a pole or cabinet in a municipal right-of-way submitted
by an applicant to the City Engineer in accordance with this article.
An applicant that has obtained a right-of-way permit.
A type of "commercial mobile radio service" (as that term
is defined in 47 CFR 20.3), unlicensed wireless services (as that
term is defined in 47 U.S.C. 332(c)(7)(C)(iii) and common carrier
wireless exchange access services, and provided by the use of "personal
wireless service facilities" [as such phrase is defined in 47 U.S.C.
332(c)(7)(C)(ii)].
A long, slender, piece of wood, metal, fiberglass composite,
or other materials, including, but not limited to, decorative streetlights,
nondecorative streetlights and traffic signal structures.
Is defined in § 168-1207B(3).
A raised seal stamped survey completed by a duly licensed
surveyor.
A pole-mounted cabinet that is proposed to be placed within
the municipal right-of-way or public grounds.
A pole that is proposed to be placed within the municipal
right-of-way or public grounds.
Any lands, areas, buildings or installations owned by the
City of Hoboken or any of its departments, agencies or commissions,
and shall include, but not be limited to, the City Board of Education
lands, areas, buildings or installations.
The radio frequency power transmitted from a small wireless
facility.
The pole, cabinet and/or small wireless facility installed
within the municipal right-of-way or public grounds in accordance
with a right-of-way permit.
The building permit issued by the City following approval
from the City which sets forth that the applicant is in compliance
with the requirements of this article.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way or public grounds.
A committee comprised of three members of the City Council,
the City Engineer, the City Business Administrator, one member from
the Planning Board and one member from the Historic Preservation Commission
who are responsible for reviewing all new ROW installation applications
for compliance with the provisions of this article and issuing a recommendation
concerning the new ROW installation application to the Planning Board.
Antennas, equipment, cables, wires, conduits and other appurtenances
attached to poles or located within cabinets used to transmit, receive,
distribute and provide personal wireless services and communication
services and as further defined in the FCC Order.
New Jersey.
Existing poles within the same right-of-way, which are located
within 500 feet of the proposed pole.
Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes of the State of New Jersey.
Electric, telephone or cable service.
The website developed, operated, maintained and updated by
permittees which provides information about any New Infrastructure
Installation.
A.
Right-of-way permit. No person or entity shall operate, construct,
install, place, or replace any type of small wireless facility, cabinet
or pole within the municipal right-of-way or public grounds without
first obtaining a right-of-way permit pursuant to the provisions of
this article and executing a right-of-way use agreement with the City.
A separate right-of-way permit is required for each location within
the municipal right-of-way or public grounds at which a small wireless
facility, cabinet or pole is to be installed. Each small wireless
facility, cabinet or pole for which a right-of-way permit is issued
must comply fully with:
(1)
All applicable provisions of this article;
(2)
All conditions imposed upon the issuance of the right-of-way
permit;
(3)
All terms and obligations as set forth in the right-of-way use
agreement with the City;
(4)
All other applicable federal, State and City codes, laws and
regulations pertaining to the installation, operation, and maintenance
of the small wireless facility, cabinet or pole.
B.
Issuance of right-of-way permit. A right-of-way permit will be issued
by the City Building Department upon:
(1)
Approval of an application submitted by an applicant pursuant
to this article.
(2)
Applicant's submission of proof of insurance as required by
the right-of-way use agreement.
(3)
Posting of financial security as required by the right-of-way
use agreement.
(4)
Applicant's submission of an original certificate of incorporation
and/or certificate of good standing from the Secretary of the State
of New Jersey evidencing authorization for the applicant to do business
in the state.
(5)
Fulfillment of all other conditions established by the City
as a prerequisite to the issuance of the right-of-way permit.
(6)
Applicant's submission of a certification, in a form approved
by the City, that the proposed small wireless facility, cabinet or
pole complies with all applicable federal, state, and City requirements,
including but not limited to regulations pertaining to:
C.
Other required permits.
(1)
Prior to commencing any work authorized under a right-of-way
permit pursuant to this article, the applicant must also obtain any
and all other permits and licenses that are required by the City for
carrying out the work, including but not limited to:
(2)
Any other permits required under the laws and statutes of the
State of New Jersey, the County Code/Ordinances of the County, and/or
City Code/Ordinances of the City including, but not limited to, the
Uniform Construction Code.
D.
Permits to be displayed. A copy of all permits and licenses required by the City must be displayed at the work site at all times during the construction, placement, replacement, or installation of small wireless facility, cabinet or pole. Failure to display copies of all permits required under this article shall be a violation of § 168-1212 and shall be subject to the penalties set forth therein.
E.
Current violations as grounds for denial. The City may deny a right-of-way
permit sought by an applicant who is currently in violation of any
of the provisions of this article regarding other small wireless facilities,
cabinets or poles placed or installed by the applicant subsequent
to the effective date of this article or is in violation of any right-of-way
use agreement executed by the City and the applicant.
F.
Effect of right-of-way permit; authority granted; no property right
or other interest created.
(1)
A right-of-way permit from the City authorizes an applicant
to undertake only certain activities in accordance with this article
and the right-of-way use agreement.
(2)
A right-of-way permit does not authorize the use of support
structures owned by the City unless an agreement for the use of such
support structures has been authorized by the City.
(3)
A right-of-way permit does not create a property right or grant
authority to the applicant to impinge upon the rights of others who
may already have an interest in the municipal right-of-way or public
grounds.
G.
Duration of right-of-way permit. A right-of-way permit issued under
this section 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
installation is delayed as a result of circumstances beyond the reasonable
control of the applicant.
H.
Failure to obtain right-of-way permit. It is a violation of this article to construct, install, or place a small wireless facility, cabinet or pole in a municipal right-of-way or on public grounds without obtaining a right-of-way permit as required herein. Each day any such communications facility or any components of any such facility remain in the municipal right-of-way or on public grounds will be considered a separate violation, subject to the penalties provided in § 168-1212, until an application meeting the requirements of this article is submitted and approved by the City. In addition to any penalties that may be imposed for violation of this article, the violator will be subject to the following provisions:
(1)
Where construction, placement or installation of a small wireless
facility, cabinet or pole has been commenced without a right-of-way
permit, the work will be subject to issuance of a stop work order
and the application fee for such facility will be doubled. Additionally,
the City may require removal of the facility from the municipal right-of-way
or public grounds and restoration of the municipal right-of-way or
public grounds by the violator and hold the violator liable for any
additional costs the City incurs for inspection of the work and enforcement
of this section.
I.
Exceptions. Notwithstanding the foregoing, no right-of-way permit
is required for:
(1)
Relocations and modifications performed at the City's direction pursuant to § 168-1210 or permitted by a right-of-way use agreement; or
(2)
General maintenance and responses to outages, malfunctions,
and other emergencies involving an existing facility, provided that:
(a)
The facility owner must provide notice of the work to be performed
as required by the notice provisions of the right-of-way use agreement;
(b)
Any response involving excavations, construction work, or redirection
of vehicular or pedestrian traffic must be coordinated with the City;
and
(c)
Any increases to the physical dimensions or other permanent
changes to the appearance of the existing facility beyond the scope
of the right-of-way use agreement will require a new right-of-way
permit.
A.
Right-of-way use agreement. No person shall operate, construct, place
or install any type of small wireless facility, cabinet or pole within
the municipal right-of-way or public grounds without first entering
into a right-of-way use agreement with the City. The terms of the
right-of-way use agreement shall include, but not be limited to:
(1)
A term as established in the right-of-way use agreement but
not to exceed five years, subject to automatic renewal for four additional
five-year terms pending termination as set forth in the right-of-way
use agreement;
(2)
Collocation requirements;
(3)
Reasonable insurance requirements;
(4)
Reasonable performance bond requirements;
(5)
Indemnification requirements;
(6)
Fee schedule;
(7)
Requirements regarding repair, maintenance and relocation of
the equipment;
(8)
A provision requiring that all small wireless facilities, cabinets
or poles be removed from the municipal right-of-way or public grounds
at the end of the right-of-way use agreement's term;
(9)
A reference to the siting standards set forth in this article;
(10)
Provision for public notice of installation of small wireless
facilities, poles and cabinets, including, but not limited to, the
development of a website and mailed notice of installation, as applicable;
(11)
Provision regarding removal of installations due to a change
in federal, state or local law;
(12)
Any other items which may reasonably be required for the applicant's
operation within the municipal right-of-way or public grounds.
A.
Right-of-way permit required. No small wireless facility, pole, or
cabinet shall be operated, constructed, placed or installed in the
municipal right-of-way or on any public grounds without the issuance
by the City of a right-of-way permit in accordance with this article.
B.
Siting standards applicable to all small wireless facilities, poles
and cabinets within the municipal right-of-way or public grounds.
All small wireless facilities, poles and cabinets within the municipal
right-of-way or public grounds are subject to the following standards:
(1)
Each proposed, new, or replaced wireless facility, pole or cabinet
within a municipal right-of-way or public grounds must:
(a)
Be compatible in size, mass, and color to similar small wireless
facilities, poles and cabinets in the immediate area, be finished
or painted and otherwise camouflaged in conformance with best available
stealth technology methods, with a goal of blending in compatibly
with its background and minimizing the physical and visual impact
on the area and surrounding properties, all as approved by the City.
Notwithstanding the foregoing, a new small wireless facility, pole
or cabinet must be designed using camouflaging techniques that make
it as unobtrusive as possible if:
[1]
It is not possible or desirable to match the design
and color of a new facility or support structure with the existing
support structures in the immediate area; or
[2]
Existing support structures in the area are out
of character with a streetscape plan or other aesthetic plan that
has been adopted by the City.
(b)
Allow adequate room for the public to pass and repass along
and across the public portion of the municipal right-of-way or public
grounds.
(c)
Be in compliance with the FCC RF emissions exposure guidelines
and all applicable law.
(d)
Be designed by a qualified engineer licensed by the State of
New Jersey, and must meet all applicable building and electrical code
standards.
(e)
Be located and designed so as to avoid interference with maintenance
activities within the municipal right-of-way or public grounds such
as:
(f)
Be designed to prevent interference with public safety communications,
traffic signal systems, or other government communications. If a potential
problem is identified, the City may require applicants to provide
a technical evaluation to identify any potential interference and
implement corrective solutions to resolve the problem.
(2)
A small wireless facility, pole or cabinet within a municipal
right-of-way or public grounds must not:
(a)
Obstruct, impede, or hinder vehicular, pedestrian, or bicycle
travel or public safety within a municipal right-of-way or public
grounds, except for authorized temporary lane or sidewalk closures;
(b)
Obstruct the legal use of the municipal right-of-way or public
grounds by utility providers and other authorized municipal right-of-way
or public grounds users;
(c)
Inhibit any sight triangles;
(d)
Obstruct, block or interfere with traffic signal systems;
(e)
Result in a violation of the federal Americans with Disabilities
Act of 1990 (42 U.S.C. § 12101); or
(f)
Violate other municipal right-of-way or public grounds management
provisions adopted by the City.
(3)
Preferred locations for small wireless facilities, poles, and
cabinets.
(a)
Order of preference. The following locations, in the order listed,
are the preferred locations within the City for installation of small
wireless facilities, poles, or cabinets in municipal rights-of-way
or public grounds:
(b)
Nonpreferred locations. A small wireless facility, pole, or
cabinet may be permitted in a location other than a preferred location
identified in this section if the applicant provides evidence, as
required and determined by the City Engineer, showing that:
[1]
Adequate coverage can be maintained, existing services
can be improved, or new services can be added only if facilities are
placed in a nonpreferred location; and
[2]
The proposed facility will meet all applicable
requirements for the nonpreferred location and will complement the
character of the surrounding area.
(4)
Collocation preferred. Collocation of small wireless facilities
and cabinets is preferred over new support structures.
C.
Pole specific siting standards.
(1)
Height. No pole shall be taller than 35 feet or 110% of the
height of poles in the surrounding streetscape, whichever is shorter.
(2)
Color and diameter of proposed poles. Proposed poles must be
no more than 13 inches in diameter with a surface that is powder-coated
and brown or dark green color, or as otherwise set forth in the right-of-way
use agreement.
(3)
Material of proposed poles. Proposed poles must be made of a
material as approved by the City Engineer and consistent with the
requirements of the right-of-way use agreement.
(4)
Distance from the curbline. No pole shall be farther than 18
inches from the curbline or nearest traffic lane.
(5)
Distance from obstructions. Proposed poles shall be a minimum
of four feet from any and all obstructions.
(7)
No pole shall be constructed in the municipal right-of-way or
public grounds unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved pursuant to a land development application by the
City's Planning Board pursuant to a land use application; or
(c)
Is located in the municipal rights-of-way located in a preferred
location, unless as otherwise provided in this article; and
(d)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street, with a maximum of one pole
per block face; and
(e)
Complies with the requirements set forth in this article and
the right-of-way use agreement.
(8)
All proposed poles shall be designed and constructed to accommodate
maximum collocation of small wireless facilities.
D.
Small wireless facility specific siting standards.
(1)
Small wireless facilities are permitted on poles, provided that
each small wireless facility;
E.
Cabinets must be pole-mounted. Ground-mounted cabinets or at-grade
installation of cabinets is prohibited.
F.
Collocation of small wireless facilities.
(1)
Collocation of small wireless facilities with nonmunicipal facilities.
Collocation of small wireless facilities with nonmunicipal facilities
is preferred by the City.
(2)
Collocation with city-owned poles, small wireless facilities,
and cabinets. A small wireless facility may be attached to a City-owned
pole or support structure within a municipal right-of-way or on public
grounds only if the owner of the small wireless facility has entered
into a duly authorized right-of-way use agreement with the City establishing
the terms and fees for the attachments in addition to the application
fees and annual fees established in this article. Upon approval of
a right-of-way use agreement, and any other required agreement, by
the City Council and issuance of a right-of-way permit and all other
applicable permits, an applicant may collocate a small wireless facility
on the following, in order of preference:
(3)
Collocation of municipal equipment on wireless facilities. The City may require a right-of-way permit holder under this article to allow placement of a streetlight, camera, and other equipment on a support structure owned by the right-of-way permit holder if the structure can accommodate such equipment without interfering with the right-of-way permit holder's use of the structure. Unless otherwise agreed, the City will maintain ownership of all such streetlights, cameras, and other equipment and will be solely responsible for their installation, operation, and maintenance. The owner of a support structure on which City equipment has been placed may be eligible for a waiver or reduction in the fee required under § 168-1209 herein.
G.
To the extent applicable, the standards established in this section
shall remain in effect while a small wireless facility, cabinet or
pole remains in a municipal right-of-way or on public grounds.
H.
The City may require that an applicant provide a certification from
a licensed engineer attesting to the structural integrity of any small
wireless facility, cabinet or pole.
A.
Preapplication meeting. Prior to making a formal application to the
City for use of the municipal right-of-way or public grounds, all
applicants shall meet with the City Engineer to review the scope of
the applicant's proposal which may include on-site review of proposed
poles or proposed cabinets with the City Engineer.
B.
The form of application shall be provided by the City Engineer.
C.
All applications made under this article shall be expedited so as
to comply with the "shot clocks" set forth in the FCC Order as applicable.
D.
Every application made under this article must include compliance reports certified by a qualified engineer or professional, as approved by the City, ensuring compliance of all small wireless facilities with the FCC RF emissions exposure guidelines. If the FCC adopts a superseding RF emission standard, such new standard shall be controlling and become effective as directed in the FCC rulemaking. In such event, the applicant shall, within 45 days of the superseding emission standard's effective date, submit to the City Engineer documentation of compliance with the superseding RF emission standard. Failure to submit such documentation shall result in a declaration by the City Engineer that the equipment is no longer operative, and the removal provision stated in § 168-1209 shall apply.
F.
New ROW installation application; required for proposed poles and
proposed cabinets.
(1)
Applicants who wish to construct or install a proposed pole,
or proposed cabinet within the municipal right-of-way or public grounds
must submit a new ROW installation application to the City Engineer.
(2)
Applications shall include a stamped professional survey prepared
by a New Jersey licensed land surveyor demonstrating that any proposed
pole or proposed cabinet is located within the municipal right-of-way
or public grounds. Any application which does not include such professional
survey shall immediately be deemed incomplete.
(3)
Applications shall document collocation efforts for each proposed
pole and demonstrate the need for new infrastructure installation.
(4)
Upon receipt of a complete new ROW installation application
from an applicant, the City Engineer will forward the application
to the ROW Installation Subcommittee for review for compliance with
the requirements set forth in this article. The ROW Installation Subcommittee
shall review the new ROW installation application and advise the Planning
Board of its recommendation concerning the proposed installation.
(5)
Upon receipt of a written recommendation from the ROW Installation
Subcommittee, the Planning Board shall, pursuant to N.J.S.A. 40:55D-25(b)(3),
review the new ROW installation application and approve or deny the
application. If the Planning Board denies such application, it shall
set forth the factual basis for such denial in writing, and the applicant
shall have 30 days, or longer as agreed to in writing from the City
Engineer, from the issuance of said denial to cure such deficiencies
before it will be required to submit a new application. The Planning
Board shall set forth the factual basis for approval of applications
in writing.
(6)
Upon receipt of a written recommendation from the Planning Board,
the right-of-way use agreement shall proceed to City Council for consideration.
(7)
Waiver. The ROW Installation Subcommittee or Planning Board
may waive any siting standard set forth in this article where the
applicant demonstrates, as determined by the ROW Installation Subcommittee,
that:
(a)
Strict enforcement of said siting standard will:
[1]
Materially inhibit the applicant's ability to provide
communication services; or
[2]
Prohibit or have the effect of prohibiting applicant
from providing any interstate or intrastate telecommunications service,
pursuant to 47 U.S.C. § 253(a); or
[3]
Prohibit or have the effect of prohibiting personal
wireless service, pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II).
(b)
Applicant will take measures to minimize any negative physical,
visual, or other impact from deviating from the standards established
in this article.
G.
Existing ROW installation application; required for small wireless
facilities.
(1)
Applicants who wish to construct, install, or replace any small
wireless facility onto an existing facility within the municipal right-of-way
or public grounds must submit an existing ROW installation application
to the City Engineer.
(2)
Upon receipt of a complete existing ROW installation application,
the City Engineer shall review the application and approve or deny
such existing ROW installation application. If the City Engineer recommends
a denial of such application, they shall set forth the factual basis
for such denial in writing, and the applicant shall have 30 days or
longer, as agreed to in writing from the City Engineer, from the issuance
of said denial, to cure such deficiencies before it will be required
to submit a new or revised application. The City Engineer shall set
forth the factual basis for approval of applications in writing.
(3)
Upon approval of the existing ROW installation application from
the City Engineer, the right-of-way use agreement shall proceed to
City Council for consideration.
(4)
Waiver. The City Engineer may waive any siting standard set
forth in this section where the applicant demonstrates that:
(a)
Strict enforcement of said siting standard will:
[1]
Materially inhibit the applicant's ability to provide
communication services; or
[2]
Prohibit or have the effect of prohibiting the
applicant any interstate or intrastate telecommunications service,
pursuant to 47 U.S.C. § 253(a); or
[3]
Prohibit or have the effect of prohibiting personal
wireless service, pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II);
or
(b)
The applicant will take measures to minimize any negative physical,
visual, or other impact from deviating from the standards established
in this article.
A.
Every application for a right-of-way permit must include an application
fee in the following amounts:
B.
Deposit toward anticipated municipal expenses.
(1)
In addition to the right-of-way permit application fee, the
City Engineer may, in his or her own discretion, require the posting
of an escrow in the amount of $5,000 towards anticipated municipal
expenses, including, but not limited to, engineer, legal or other
municipal fees related to review of an application for a right-of-way
permit under this article.
(2)
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the City to conduct its review of the right-of-way permit application,
the City's Business Administrator shall provide the applicant with
notice of an insufficient balance. The applicant shall deposit within
10 calendar days of such notice, such additional deposit as shall
be agreed upon by the applicant and the City's Business Administrator
to complete the City's review.
(3)
The City's Business Administrator shall, upon request by the
applicant after a final decision has been made by the City Council
in accordance with this article regarding the applicant's right-of-way
permit application, refund to the applicant any unused balance from
the applicant's escrow deposit.
C.
Recurring annual fee.
(1)
All applicants and existing providers shall pay a recurring
annual right-of-way fee to the City in the amount of $270 per installation
of each small wireless facility.
(2)
All applicants and existing providers shall be required to notify
the City Clerk, in writing, on a City-approved form, advising as to,
but not limited to, the following information:
D.
Payment due dates shall be established in the right-of-way use agreement.
E.
Late payment. A 10% late payment penalty shall be imposed against
any permittee who fails to pay any fee due under this article within
30 days of the date on which the fee is due.
F.
Removal. When a small wireless facility has been removed, no further
fees will be due.
G.
Corrections. The City or its duly authorized agents may audit the
itemization of small wireless facilities and payment calculations
provided by an owner to verify their accuracy. If the City determines
that the owner has paid less than the amount due, the City will bill
the owner for the additional amount due, plus a 10% late payment charge.
At the City's request, the owner will provide all records necessary
to verify the owner's calculations to the City or its agents.
H.
Fee waivers and reductions. Any fee required under this article may
be waived or reduced for small wireless facilities shared with the
City, including small wireless facilities used for placement of lights,
cameras, or other equipment on poles, cabinets, or other support structures
that are subject to this article. A waiver or reduction in the fee
otherwise due from the owner of the small wireless facility, pole,
or cabinet will be effective only if established in a written agreement
between the owner and the City.
I.
Performance bond. In addition to the foregoing fees and deposits,
the applicant shall provide a performance bond that will cause the
poles, associated equipment, cabinets, small wireless facilities,
and all other related improvements to the municipal right-of-way or
public grounds to be removed, at no cost to the City, when the same
are no longer operative. The amount of the performance bond shall
not be less than 120% of the cost (as determined by the City Engineer
at the time of the application) of such demolition, removal, and restoration
of the site to a state required under applicable City Code/Ordinances.
J.
Annual reporting requirements. Each owner of a small wireless facility,
pole, or cabinet within a municipal right-of-way or on public grounds
must file an annual report with the City Engineer.
(1)
The City Engineer shall establish the due date, reporting standards,
and format for the annual report. The report must include:
(a)
The name, title, mailing address, telephone number, and e-mail
address of the primary and secondary contact persons in matters related
to the operation and maintenance of small wireless facility, pole,
or cabinet;
(b)
The status of all pending projects involving the municipal rights-of-way
or public grounds, including estimated timetables and completion dates;
(c)
As-built maps depicting the location of all small wireless facilities,
poles, and cabinets and appurtenances in the municipal rights-of-way
or public grounds;
(d)
Verification of compliance with FCC guidelines on RF emissions;
(e)
Ongoing proof of compliance with insurance and financial security
requirements; and
(f)
Such additional information as may be required by the City Engineer
to fully assess the status of each facility and verify that the right-of-way
is not occupied by equipment that is not permitted or no longer needed.
A.
Notice. Within 60 days following written notice from the City, the
applicant shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any right-of-way Installation whenever the City has determined
that such removal, relocation, change or alteration is reasonably
necessary for the construction, repair, maintenance or installation
of any City improvement in or upon, or the operations of the City
in or upon, the municipal right-of-way or public grounds. The City
shall apply the same standards to all utilities in the municipal right-of-way
or public grounds.
B.
Emergency removal or relocation of facilities. The City retains the
right and privilege to cut power to or move any right-of-way installation,
as the City may determine to be necessary, appropriate or useful in
response to any public welfare emergency or safety emergency. If circumstances
permit, the City shall notify the applicant and provide the applicant
an opportunity to move its own facilities prior to cutting power to
or removing the right-of-way installation and in all cases shall notify
the applicant after cutting power to or removing the right-of-way
installation as promptly as reasonably possible. The City shall not
be responsible for any damages to equipment or expenses incurred as
a result of an interruption of power due to a public welfare emergency
or safety emergency.
C.
Abandonment of facilities.
(1)
The applicant is required to notify the City of abandonment
of any right-of-way installations 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 City shall direct the applicant to remove all or any portion of
the right-of-way installation if the City determines that such removal
will be in the best interest of the public safety and public welfare.
If the applicant fails to remove the abandoned facility within 60
days after such notice, the City may undertake to do so and recover
the actual and reasonable expenses of doing so from the applicant,
its successors and/or assigns.
(2)
Any right-of-way installations not used for its intended and
approved purpose for a period of one year shall be considered "abandoned"
and the City Engineer, within 60 days thereof, may direct the owner
of the facility to remove all or any portion of the facility and complete
such additional remedial measures as may be necessary for the integrity
of the right-of-way or the public health, safety, or welfare. If the
owner fails to take such actions within 90 calendar days after the
owner has been directed to do so, the City may remove the facility,
complete all necessary remedial measures, and charge the owner for
removal, storage, disposition, and right-of-way remediation costs.
The owner must pay any such charges within 30 calendar days of the
date they are billed by the City. Alternatively, the City Engineer
may require that an abandoned facility or components of an abandoned
facility remain in place if removal would cause damage to public property
or if the facility or components can be used by the City or serve
a public purpose.
A.
Any approval granted pursuant to this article does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located or as required under state
law.
B.
The City's consent to the use of county roads, as required pursuant
to N.J.S.A. 27:16-6, shall be subject to the standards and application
process set forth in this article.
C.
State of emergency.
(1)
Moratorium on City review of applications during state of emergency.
There shall be a moratorium on the City's review of applications when
a "state of emergency" is declared by the federal government, state,
or City pursuant to federal, state, or local law, and such declaration
directly or indirectly relates to, impacts, concerns, or affects the
City's ability to review applications, as determined by the City.
(2)
Termination of the moratorium. The moratorium on the City's
review of applications during a "state of emergency" shall terminate
upon the issuance of a proclamation, by the party declaring such "state
of emergency," stating that the "state of emergency" has been lifted.
Notwithstanding the foregoing, the City may, in its sole discretion,
dispense or ease its moratorium during a "state of emergency," but
only to the extent that it is reasonably able to process applications
during the "state of emergency."
D.
Notice.
(1)
Permittees shall develop, operate, maintain and update a website
providing information about any new infrastructure installation in
accordance with the requirements of a right-of-way use agreement.
The website shall identify the locations of the new infrastructure
installations, the schedule for installation, hours of construction,
impact on parking and pedestrian traffic, and the potential health
and safety impact of the new infrastructure installations. The website
shall be approved by the City, which approval shall not be unreasonably
withheld, conditioned, or delayed.
(2)
Permittees shall provide, at their sole cost and expense, via
regular mail at least seven days prior to installation of any new
infrastructure installation, written notification of any new infrastructure
installation to all residents located within 200 feet of each new
infrastructure installation. The notice shall be approved by the City,
which approval shall not be unreasonably withheld, conditioned, or
delayed, and shall include information about the new infrastructure
installation, including but not limited to, the location of any new
infrastructure installation, the schedule for installation, the impact
on parking and pedestrian traffic, website information and any additional
information in accordance with the requirements of a right-of-way
use agreement.
A.
Any person or entity violating any of the provisions of this article
shall, upon conviction thereof before the Municipal Judge, be subject
to a fine in any sum not less than $250 nor exceeding $2,000 or to
imprisonment for a period not exceeding 30 days, or both, the amount
of such fine and imprisonment within the limitation aforesaid to be
determined in the discretion of the Municipal Judge.
B.
Any person or entity convicted of violating this article within one
year of the date of the imposition of a fine for a previous violation
of this article shall be sentenced to an additional fine as a repeat
offender. The additional fine imposed by the court upon a person or
entity for a repeated offense shall not be less than $250, nor shall
it exceed the maximum fine fixed for a violation of this article,
but shall be calculated separately from the fine imposed for the violation
of this article, as provided for by N.J.S.A. 40:69A-29.
