No person shall commence or continue with the
construction, installation or operation of telecommunications facilities
within the Township except as provided in this article.
Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable
federal, state, and local codes, rules and regulations including the
Electrical Code currently in effect.
No person shall construct or install any telecommunications
facilities within the Township without first obtaining a construction
permit therefor; provided, however, that:
A.
Applications for permits to construct telecommunications
facilities shall be submitted upon forms to be provided by the Township
and shall be accompanied by detailed engineering drawings, plans and
specifications in sufficient detail to demonstrate:
(1)
That the facilities will be constructed in accordance
with all applicable codes, rules and regulations.
(2)
The location and route of all facilities to be installed
on existing utility poles.
(3)
The location and route of all facilities to be located
under the surface of the ground, including the line and grade proposed
for the burial at all points along the route which are within the
public ways.
(4)
The location of all existing underground utilities,
conduits, ducts, pipes, mains and installations which are within the
public ways along the underground route proposed by the applicant.
(5)
The location of all other facilities to be constructed
within the Township, but not within the public ways.
(6)
The construction methods to be employed for protection
of existing structures, fixtures, and facilities within or adjacent
to the public ways.
(7)
The location, dimension and types of all trees within
or adjacent to the public ways along the route proposed by the applicant,
together with a landscape plan for protecting, trimming, removing,
replacing and restoring any trees or areas to be disturbed during
construction.
B.
The plans are to be designed utilizing a current survey
based on the New Jersey State Plan Coordinate System.
All permit applications shall be accompanied
by the certification of a professional engineer licensed in New Jersey
that the drawings, plans and specifications submitted with the application
comply with applicable technical codes, rules and regulations.
All permit applications which involve work on,
in, under, across or along any public ways shall be accompanied by
a traffic control plan demonstrating the protective measures and devices
that will be employed, consistent with the New Jersey Department of
Transportation regulations, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and
vehicular traffic. The plan will be submitted to the Freehold Township
Chief of Police for review and approval. The Township may require
the applicant to hire traffic directors (off-duty police officers)
on an as-needed basis.
Within 45 days after submission of all plans
and documents required of the applicant and payment of the permit
fees required by this chapter, the Township Engineer, if satisfied
that the applications, plans and document comply with all requirements
of this chapter, shall issue a permit authorizing construction of
the facilities, subject to such further conditions, restrictions,
or regulations affecting the time, place and manner of performing
the work as he may deem necessary or appropriate.
The licensee shall submit a written construction
schedule to the Township Engineer 10 working days before commencing
any work in or about the public ways. The licensee shall further notify
the Township Engineer not less than two working days in advance of
any excavation or work in the public ways.
All construction practices and activities shall
be in accordance with the permit and approved final plans and specifications
for the facilities. The Township Engineer and his representatives
shall be provided access to the work and such further information
as he or she may reasonably require to ensure compliance with such
requirements.
The licensee shall maintain a copy of the construction
permit and approved plans at the construction site, which shall be
displayed and made available for inspection by the Township Engineer
or his representatives at all times when construction work is occurring.
If the construction permit specifies the location
of facilities by depth, line, grade, proximity to other facilities
or other standard, the licensee shall cause the location of such facilities
to be verified by a licensed New Jersey land surveyor. The licensee
shall relocate any facilities which are not located in compliance
with permit requirements.
Upon order of the Township Engineer, all work
which does not comply with the permit, the approved plans and specifications
for the work, or the requirements of this chapter, shall be removed.
The licensee shall promptly complete all construction
activities so as to minimize disruption of the Township ways and other
public and private property. All construction work authorized by a
permit within Township ways, including restoration, must be completed
within 120 days of the date of issuance.
Within 60 days after completion of construction,
the licensee shall furnish the Township with two complete sets of
plans, drawn to scale and certified to the Township as accurately
depicting the location of all telecommunications facilities constructed
pursuant to the permit. This information shall be provided on computer
aided design and drafting (CADD) diskette in a .dxf file format.
Upon completion of any construction work, the
licensee shall promptly repair any and all public and provide property
improvements, fixtures, structures and facilities in the public ways
or otherwise damaged during the course of construction, restoring
the same as nearly as practicable to its condition before the start
of construction.
A.
All trees, landscaping and grounds removed, damaged
or disturbed as a result of the construction, installation, maintenance,
repair or replacement of telecommunications facilities replaced or
restored as nearly as may be practicable, to the condition existing
prior to performance of work.
B.
All restoration work within the public ways shall
be done in accordance with landscape plans approved by the Township
Engineer.
Prior to issuance of a construction permit, the licensee shall provide a performance bond, as provided in § 319-42 of this chapter.
Unless otherwise provided in a license agreement, all telecommunications carriers are subject to the requirements of this Article V.
The owner of the facilities to be constructed
and, if different, the licensee, are responsible for performance of
and compliance with all provisions of this article.
