[HISTORY: Adopted by the Township Council of the Township
of Verona 8-8-2022 by Ord. No. 2022-21. Amendments noted where applicable.]
Unless indicated otherwise in this chapter, the meanings of
terms used herein shall be as follows:
Ministerial review of an application by the designee and
Township Engineer, as preferred by the Township, to determine whether
the issuance of a permit is in conformity with the applicable provisions
of this chapter.
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 Township, including
any amendments adopted by the Township, or otherwise are applicable
in the jurisdiction.
Any person or entity who submits an application under this
chapter.
A written request on a form provided by the Township.
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.
Collectively, the equipment at a fixed location or locations
within the public right-of-way 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.
The person appointed by the Township to serve as the initial
point of contact and consultant for the Township for all matters pertaining
to this chapter, and who may be contracted for professional services.
An eligible facilities request as set forth in 47 CFR 1.6100,
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
right-of-way.
A written authorization to install, at a specified location(s)
in the public right-of-way, a communications facility, tower or a
pole to support a communications facility.
An applicant that has received a permit under this chapter.
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 right-of-way 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 Township.
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 chapter 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 the following qualifications:
i) each antenna could fit within an enclosure of not more than three
cubic feet in volume; ii) all other wireless equipment associated
with the antenna, including the preexisting equipment, is cumulatively
no more than 28 cubic feet in volume; and iii) the maximum height
of the small wireless facility is 50 feet.
The State of New Jersey.
A structure in the public right-of-way 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 right-of-way 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
right-of-way 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.
Prior to installing in the public right-of-way 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 Township of Verona expressly
authorizing use of the public right-of-way for the communications
facility, pole or tower proposed to be installed.
A.
The term of the right-of-way use agreement shall not exceed 30 years.
B.
The right-of-way use agreement authorizes the provider's nonexclusive
use of the public right-of-way 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 chapter
and the terms and conditions of the agreement. The agreement authorizes
use only of the public right-of-way in which the Township has an actual
interest. It is not a warranty of title or interest in any public
right-of-way and it does not confer on the provider any interest in
any particular location within the public right-of-way. No other right
or authority is granted except as expressly set forth in the agreement.
Nothing herein shall authorize the use of the Township's poles,
towers, support structures, or other structures in the public right-of-way.
All use of the Township's poles, towers, support structures and
other structures in the public right-of-way shall require a separate
agreement and the payment of separate fees for such use.
C.
The provider shall, at its sole cost and expense, keep and maintain
its communications facilities, poles, support structures and towers
in the public right-of-way in a safe condition, and in good order
and repair.
D.
The provider shall provide insurance and indemnification of the Township
as described in the right-of-way use agreement. The provider shall
provide proof of the following coverages:
(1)
Workers' compensation and employer's liability insurance in
compliance with the state's Workers' Compensation Law, with
minimum limit of liability of $500,000.
(2)
Comprehensive general liability insurance with minimum limit of liability
of $2,000,000 per occurrence.
(3)
Automobile liability insurance covering claims for bodily injury
and property damage arising from all owned, hired and nonowned vehicles
with minimum limit of liability of $1,000,000 combined single limit.
A.
No person may construct, maintain or perform any other work in the
public right-of-way 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 chapter, and any subsequent permits or authorizations required
by applicable laws or the Township.
B.
The Township 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 right-of-way use agreement required by § 525-2 of this chapter, or otherwise has a current and valid franchise with the Township expressly authorizing use of the public right-of-way for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.
C.
The provider shall not locate or maintain its communications facilities,
wireless facilities, support structure, poles and towers so as to
unreasonably interfere with the use of the public right-of-way by
the Township, by the general public or by other persons authorized
to use or be present in or upon the public right-of-way.
A.
Height. No pole shall be taller than 50 feet in height, including
the antennas or 110% of the height of poles in the surrounding streetscape,
whichever is higher.
B.
Distance from curbline. No pole shall be farther than five feet from
the curbline.
C.
Location, safety and aesthetics.
(1)
No pole shall be erected in the public right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved by the Township; or
(c)
Is located within the public right-of-way; and
(d)
Is at least 150 linear feet from any other existing pole or
proposed pole which is used to support a small wireless facility;
and
(e)
Is not located in an area with underground utilities except as specified in Subsection I below; and
(f)
Does not inhibit any existing sight triangles; and
(g)
Allows adequate room for the public to pass and repass across
the public right-of-way.
(2)
The applicant will heed reasonable requests by the Township to utilize
stealth technology and decorative poles when requested to preserve
the existing character and streetscape and minimize impact on surrounding
properties by causing the proposed pole and small cell to blend in
compatibly with their background.
D.
The Township may require new poles to be decorative poles if appropriate.
E.
Pole-mounted antennas are permitted on new and existing poles, provided
that each pole-mounted antenna:
(1)
Does not exceed three cubic feet in volume; and
(2)
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
(3)
Does not inhibit sight triangles; and
(4)
Allows adequate room for the public to pass and repass across the
public right-of-way.
F.
Pole-mounted cabinets are permitted on new and existing poles, provided
that each pole-mounted cabinet:
(1)
Does not exceed 16 cubic feet; and
(2)
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
(3)
Does not inhibit sight triangles; and
(4)
Allows adequate room for the public to pass and repass across the
public right-of-way.
G.
The Township 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.
H.
Ground-mounted equipment may be used only to house equipment and
other supplies in support of the small wireless facility.
I.
Underground utilities. Unless otherwise agreed to in writing by the
Township or otherwise required by applicable laws, whenever any existing
electric utilities or communications facilities are located underground
within a public right-of-way, the provider with permission to occupy
the same portion of the public right-of-way shall locate its communications
facilities underground at its own expense. The Township 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 aboveground, the provider and Township shall work to find
a suitable location for such facilities or equipment, and which may
be outside the public right-of-way, only if the Township owns or otherwise
manages said locations and has the authority to make them available
to the applicant for its communications facilities under similar terms
and conditions as locations are made available in the public right-of-way.
The applicant shall not be compelled to locate its aboveground wireless
facilities on private property that is not owned, controlled or otherwise
managed by the Township.
J.
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.
K.
The provider shall, upon completion of construction, provide the
Township with as-built drawings and a map showing the location of
the facility and equipment.
L.
Fewest possible new poles. The applicant shall use existing poles
when possible for the placement of its small wireless facilities and
shall minimize the number of new proposed poles in the public right-of-way
to the fewest possible to meet the coverage and capacity requirements.
M.
Fewest possible small wireless facilities. The applicant shall minimize
the number of new proposed small wireless facilities in the right-of-way
to the fewest possible to meet its coverage and capacity requirements.
N.
Co-location. To the maximum extent practical, the applicant shall
make its poles available to subsequent and additional applicants who
desire to utilize the right-of-way to provide wireless services. Applicants
shall co-locate on existing poles when possible.
O.
Advertising and signage. Small wireless facilities and supporting
poles shall not contain any advertising or signage, other than that
which is required by the FCC and New Jersey Board of Public Utilities,
as well as other applicable state, local and federal laws and regulations.
P.
Noise. Small wireless facilities shall not cause noise that will
result in a disturbance to nearby properties or interfere with the
right of quiet enjoyment to same, and shall not violate the provisions
of any applicable noise ordinance, including local state and federal
standards. Small wireless facilities shall adhere to noise standards
for stationary commercial and industrial sources promulgated by the
New Jersey Department of Environmental Protection (NJDEP) via its
statutory authority under the 1971 Noise Control Act and specified
in detail in the Model Local Noise Control Ordinance. This includes
the standard that sound levels emitted from small wireless facilities
may not exceed 65 decibels between 7:00 a.m. and 10:00 p.m. and may
not exceed 50 decibels between 10:00 p.m. and 7:00 a.m., as well as
any such and related standards which are revised by the NJDEP from
time to time.
A.
The provider, or its agent or contractor, shall restore, repair and/or
replace any portion of the public right-of-way that is damaged or
disturbed by the provider's communications facilities, poles,
towers or work in or adjacent to the public right-of-way. Said restoration,
repair and replacement shall be done to the satisfaction of the Township
Engineer, who will determine good workmanship as well as compliance
with applicable standards and ordinances regarding road openings and
pavement and sidewalk repair.
B.
If the provider fails to timely restore, repair or replace the public
right-of-way as required in this section, the Township or its contractor
may do so, and the provider shall pay the Township's costs and
expenses in completing the restoration, repair or replacement.
A.
Within 30 days following written notice from the Township, 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 right-of-way, including relocation of aboveground
communications facilities underground (consistent with the provisions
of this chapter), whenever the Township has determined, in its sole
discretion, that such removal, relocation, change or alteration is
necessary for the construction, repair, maintenance or installation
of any Township improvement, the operations of the Township in, under
or upon the public right-of-way, or otherwise is in the public interest.
The provider shall be responsible to the Township 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 section.
B.
The Township retains the right and privilege to cut or move any communications
facility, pole, support structure or tower located within the public
right-of-way of the Township, as the Township may determine, in its
sole discretion, to be necessary, appropriate or useful in response
to any public emergency. If circumstances permit, the Township 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 Township shall
notify the provider after cutting or removing the communications facility,
pole, support structure or tower as promptly as reasonably possible.
C.
A provider shall notify the Township 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 Township 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
its communications facilities, poles, support structures and towers
until they are removed from the public right-of-way unless the Township
agrees in writing to take ownership of the abandoned communications
facilities, poles, support structures or towers.
D.
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 section, the Township 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 Township incurs arising from the delay.
A.
One-time fees and recurring rates. As consideration to the Township
for entering into the right-of-way use agreement and also as a condition
precedent for the issuance of any required permit pursuant to this
chapter, the applicant shall pay the required one-time fees and recurring
rates as set forth in this section, and which may be amended or modified
from time to time per revision and modification to local, state and
federal laws and regulations. Said fees shall include application
or one-time fees and recurring right-of-way occupancy rates.
B.
Permit application escrow. A permit application escrow of $1,000
per new small wireless facility, including any new pole or support
structure, as applicable, and $500 per alteration, expansion, modification
to an existing small wireless facility or pole or support structure,
shall be submitted along with each application for a permit and held
in escrow to be billed against actual incurred costs. Any expenses
above the escrow shall be invoiced to the applicant directly and shall
be paid by the applicant prior to the issuance of any permit.
C.
Reasonable approximation. All one-time fees will be a reasonable
approximation of objectively reasonable costs.
D.
One-time fees apply to all work. One-time fees and event fees apply
to the initial installation of facilities as well as to any subsequent
upgrade, replacement, expansion, modification or alteration of same,
with each instance of an upgrade, expansion, alteration, modification
or repair being a separate project subject to a permit application
and one-time fees. Ordinary maintenance and repair does not trigger
any one-time fees.
E.
Designee consulting fee. The applicant shall be responsible for designee
consulting fees which will be a reasonable reflection of objectively
reasonable costs, and which shall be first paid to the designee via
the permit application escrow. Said fee shall be at the rate of $350
per hour and shall not exceed three hours per installation, modification,
alteration, upgrade or expansion of a small wireless facility or pole
or support structure. Said consultation shall supplement Township
personnel with expertise and knowledge not otherwise possessed by
Township agents and officials.
F.
The annual right-of-way occupancy rate shall be $270 per annum, and
shall be paid within 30 days of the issuance of the applicable permit
and annually thereafter, with payment being due on the anniversary
of the first payment date for the balance of the term. However, under
no circumstances shall the rate be remitted later than 90 days after
the full execution of the applicable right-of-way use agreement between
the Township and the applicant.
G.
The annual attachment rate shall be equal to an amount that represents
a reasonable approximation of the objectively reasonable costs incurred
by the Township for the attachment of each small wireless facility
to Township-owned structures in the public right-of-way. This amount
shall be paid within 30 days of issuance of the applicable permit(s)
and annually thereafter. The annual rates in this subsection and the
annual right-of-way occupancy rate subsection combined shall not exceed
$270 annually per small wireless facility location.
H.
All fees and rates will be applied in a nondiscriminatory manner
to all communications service providers.
I.
Other fees. The applicant or provider shall be subject to any other
generally applicable fees of the Township 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 Township-owned poles, towers, support structures, ducts,
conduits or other structures in the public right-of-way, as set forth
in attachment agreements authorizing such use.
J.
No refund. Except as otherwise provided in the right-of-way use agreement,
franchise agreement or license, the provider may remove its communications
facilities, poles or towers from the public right-of-way at any time,
upon not less than 30 days' prior written notice to the Township,
and may cease paying the Township any applicable recurring fees for
such use, as of the date of actual removal of the facilities and complete
restoration of the public right-of-way. In no event shall a provider
be entitled to a refund of any fees paid prior to removal of its communications
facilities, poles or towers.
A.
Permit required. Unless expressly authorized in this chapter or in
writing by the Township, no person may construct, install, modify,
expand, alter or maintain in the public right-of-way any communications
facilities, poles built for the sole or primary purpose of supporting
communications facilities or towers, including the installation or
collocation of communications facilities on existing poles, towers,
support structures or other structures within the public right-of-way
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 right-of-way prior to obtaining a permit, provided
that the provider shall attempt to contact the Township 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.
B.
Permit application requirements. The application shall be made by
the provider or its duly authorized representative. It shall be submitted
to the Township Engineer and shall contain the following:
(1)
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
(2)
The names, addresses, telephone numbers and email addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(3)
A 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 chapter.
(4)
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.
(5)
Detailed construction drawings regarding the proposed communications
facility, pole, tower, support structure or wireless facility (as
applicable). Construction drawings shall include, at minimum, a clear
delineation of the right-of-way, distance of the proposed communications
facility, pole or support structure from certain existing public right-of-way
features such as curb ramps for handicap accessibility pursuant to
the Americans With Disabilities Act, sidewalk width and other details
standard for these types of telecommunications installations in the
public right-of-way.
(6)
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.
(7)
For any new aboveground facilities, accurate visual depictions or
representations, if not included in the construction drawings.
(8)
The following additional permits, approvals and authorization, as
each is reasonably applicable to the proposed application:
C.
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. 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 Township shall treat the information
as proprietary and confidential, subject to the New Jersey Open Public
Records Act and the Township's determination that the applicant's
request for confidential or proprietary treatment of application materials
is reasonable. The Township shall not be required to incur any costs
to protect the application materials from disclosure, other than the
Township's routine procedures for complying with the New Jersey
Open Public Records Act.
D.
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 Township in writing
at least 48 hours before performing the ordinary maintenance and repair.
Notwithstanding the foregoing, the Township reserves the right to
inspect the applicant's small wireless facilities at any time
in order to determine if the existing configuration matches the configuration
contained in the most recently issued permit, and the applicable right-of-way
use agreement. The applicant shall bear no costs for said inspections.
However, if it is determined that an existing small wireless facility
is found to be larger than the dimensions specified in the most recently
issued applicable permit, then the applicant shall be in violation
of this chapter. The applicant shall receive notice from the Township
and, upon receipt of such notice, be required to restore the site
within 10 days to the configuration of the most recently approved
permit or retroactively apply for administrative approval for the
unapproved modifications. In such instances, the applicant will be
responsible for costs and fees incurred by the Township to perform
inspections and review.
E.
Material changes. Unless otherwise agreed to in writing by the Township,
any material changes to an application, as determined by the Township
in its sole discretion, shall be considered a new application for
purposes of the time limits set forth in chapter, unless otherwise
provided by applicable laws.
F.
Application fees. Unless otherwise provided by applicable laws, all
applications pursuant to this chapter shall be accompanied by the
required fees.
G.
Effect of permit. A permit from the Township authorizes an applicant
to undertake only the activities in the public right-of-way specified
in the application and permit, and in accordance with this chapter
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 right-of-way; 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 right-of-way.
H.
Duration. Any permit for construction issued under this chapter shall
be valid for a period of 365 days after issuance, provided that the
period may be extended for up to an additional 180 days upon written
request by the applicant (made prior to the end of the initial 365-day
period) if the failure to complete construction is as a result of
circumstances beyond the reasonable control of the applicant.
I.
Batch permit. An applicant may simultaneously submit not more than
25 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 Township. If the applicant
files a consolidated application, the applicant shall pay the application
fee calculated as though each communications facility were a separate
application.
A.
Pre-application meeting. Prior to making a formal application with
the Township for use of the public right-of-way, all applicants are
advised to meet voluntarily with the Township Engineer and designee
to review the scope of the applicant's proposal.
B.
All applications made under this chapter shall be expedited so as
to comply with the shot clocks set forth in the FCC 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.
C.
The designee and Township Engineer shall review all applications
for the placement of new poles and ground-level cabinets within the
public right-of-way and the placement of pole-mounted antennas and
pole-mounted cabinets within the public right-of-way and advise the
Township whether the application is complete and whether it meets
the requirements of this chapter.
D.
Except as otherwise provided by applicable laws, the Township 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 Township 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 Township's sole discretion, deny the application.
E.
The Township shall review the application and, if the application
conforms with applicable provisions of this chapter, the Township
shall issue the permit, subject to the standard permit requirements
published by the Township.
F.
The Township 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 Township 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.
G.
Waiver. The Township, via its Council, Administrator or any person
designated as having the right to do so, may waive any siting standard
set forth in this chapter where the applicant demonstrates that strict
enforcement of said standard:
(1)
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(2)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth by the FCC 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.
H.
The Township shall advise the applicant in writing of its final decision.
Notwithstanding anything else in the Code of the Township of
Verona, the installation of antennas, small cells and other communication
devices and associated equipment in the public right-of-way either
on existing or new poles is permitted and considered a permitted use
if a right-of-way use agreement and right-of-way permits are obtained
pursuant to this chapter.
This chapter is intended to govern the installation, placement, maintenance, modification, upgrade and repair of communications facilities, including small wireless facilities, in the public right-of-way. The placement of telecommunications equipment outside of the public right-of-way shall be governed by the applicable codes and ordinances of the Township, including the provisions of Chapter 150, Zoning, Article XXIV, Wireless Telecommunications Facilities.
A.
Any communications facilities in the public right-of-way existing
at the time of the adoption of the provisions of this chapter, whether
or not a right-of-way use agreement exists or is in force and effect
with regard to same, shall be required to comply with the provisions
of this chapter.
B.
Any right-of-way use agreements entered into between the Township
and any provider regarding communications facilities in the public
right-of-way shall be required to conform to the provisions and standards
of this chapter. To the extent the provisions of any existing such
agreement conflict with this chapter, said provisions, at the discretion
of the Township, shall be replaced and superseded by the applicable
terms of this chapter.
In addition to compliance with the applicable provisions of
this chapter, prior to the start of any installation of poles, support
structures, small wireless facilities or other communications facilities
that require excavation, the applicant shall contact New Jersey One
Call at 811 at least three full business days prior to the commencement
of work.
Violation of any of the provisions of this chapter shall be
punishable with a civil penalty of $500 for each violation which continues
more than 10 days after written notice of such violation is provided
to the person or applicant. Each day, after such notice, that a violation
occurs or is permitted to exist by the person or applicant constitutes
a separate offense.
