The term of the ROW use agreement shall not exceed 15 years.

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.

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.

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:

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, a construction permit, street opening permit, and any subsequent permits or authorizations required by applicable laws or the Authority.

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.

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 ROW by the Borough, by the general public or by other persons authorized to use or be present in or upon the public ROW.

Height. No pole shall be taller than 40 feet in height including the antennas with Borough approval or 110% of the height of poles in the surrounding streetscape, whichever is higher.

Distance from curbline. No pole shall be farther than five feet from the curbline.

Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:

The Authority may require new poles to be decorative poles if appropriate, or that stealthing technology be used when appropriate to further blend a proposed pole into the streetscape and surroundings. Applicant will heed reasonable requests by the Authority to utilize decorative poles and stealthing technology.

Pole-mounted antennas are permitted on new and existing poles, provided that each pole-mounted antenna:

Pole-mounted cabinets are permitted on new and existing poles, provided that each pole-mounted cabinet:

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.

Ground-mounted equipment may be used only to house equipment and other supplies in support of the wireless facility.

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 aboveground, the provider and Authority shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW, if Authority owns or otherwise manages said locations and has the authority to make them available to applicant for its communications facilities under similar terms and conditions as locations are made available in the public ROW.

All wireless equipment associated with the pole or tower, including the wireless equipment associated with the antenna and any preexisting associates equipment, shall not be more than 28 cubic feet in volume.

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.

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.

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.

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.

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.

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.

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.

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.

Permit application fee. Applicant shall be responsible for designee consulting fees which will be a reasonable reflection of objectively reasonable costs. Said fee shall be at the rate of $350 per hour and shall not exceed three hours per site installation or modification, alteration, upgrade or expansion. Said consultation shall supplement Borough personnel with expertise and knowledge not otherwise possessed by Borough agents and officials.

An annual $270 per small wireless facility fee shall be paid to the Borough no later than January 1 of each calendar year.

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.

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.

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 built 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.

Permit application requirements. The application shall be made by the provider or its duly authorized representative and shall contain the following:

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, 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.

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.

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 § 410-95H, unless otherwise provided by application laws.

Application fees. Unless otherwise provided the applicable laws, all applications pursuant to this section shall be accompanied by the fees required under § 410-95G.

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.

Duration. Any permit for construction issued under this Article XXII 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 for 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.

Batch permit. An applicant may simultaneously submit not more than 50 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.

Preapplication meeting. Prior to making a formal application with the Borough for use of the municipal right-of-way, all applicants are advised to voluntarily meet with the Borough Engineer and designee to review the scope of the applicant's proposal.

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.

The Borough Engineer and designee 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.

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.

The Authority shall review the application and, if the application conforms with applicable provisions of § 410-95A, the Authority shall issue the permit, subject to the standard permit requirements published by the Borough.

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. Said review and decision within the specified sixty- and ninety-day timeframes shall include the issuance of any authorized resolutions and approvals needed to finalize the ROW use agreement, along with the application, as well as the issuance of any required ministerial construction permit and street opening permit, as applicable, with the intention of this section being that the full application process for each applicant comply with the relevant provisions of WT Docket No. 17-79; WC Docket No. 170-84, per Subsection I(2) herein.

Waiver. The Authority may waive any siting standard set forth in § 410-95 where the applicant demonstrates that strict enforcement of said standard: i) Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a); or ii) Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(11); or iii) 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.

The Authority shall advise the applicant in writing of its final decision.