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AN ORDINANCE TO AMEND TITLE XXIX ENTITLED "STREETS AND SIDEWALKS" OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, 2000, AS AMENDED AND SUPPLEMENTED TO REPEAL AND REPLACE CHAPTER 28 RELATING TO THE INSTALLATION OF COMMUNICATIONS FACILITIES IN THE STREETS AND MAKE OTHER RELATED AMENDMENTS TO TITLE XXIX.
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WHEREAS, providers of wireless and wireline telecommunications have expressed a desire to install wireless and wireline facilities in the streets in order to expand the capacity of communications networks in the city; and
WHEREAS, the City of Newark ("City") finds that enabling communications providers to provide high quality wireless communications service infrastructure to serve current and future needs of the City, its residents, visitors and businesses is beneficial to the City; and
WHEREAS, the City intends that the Director of Engineering specifically, and the Department of Engineering as a whole, continue in its role of regulating and managing use of the City's streets; and
WHEREAS, the City desires to balance the equitable needs of communications providers with its duties to protect the public health, safety, and welfare of its residents; to avoid adverse visual and aesthetic impacts; and to manage the streets, a physically limited resource; and
WHEREAS, the City finds it appropriate to clarify its policy with respect to agreements for the use of City-owned or controlled support structures as defined herein, within the streets; and
WHEREAS, the City deems it necessary and appropriate to establish a fair, equitable and efficient process for the review and approval of requests to install wireline and wireless communications facilities in the streets that protects the health, safety, welfare and aesthetic concerns of the public, complies with all applicable laws, and permits the City to recover all costs associated with the review of such requests and with the use of t...
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