[HISTORY: Adopted by the City Council of the City of Vineland 12-26-1989 by Ord. No. 89-104 (Ch. 241 of the 1990 Code). Amendments noted where applicable.]
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any public or private utility company making written application to the City Engineer of the City of Vineland for an excavation or road-opening permit hereunder.
EXCAVATION
The excavation, opening or any other work performed under a permit and required to be performed under this chapter within the public right-of-way.
PERMITTEE
Any person who has applied for and been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, municipality, company or organization of any kind.
STREET
Any street, highway, alley, avenue or any other public way or public ground in the City of Vineland and under control of the City of Vineland.
A. 
It shall be unlawful, except in an emergency as set forth in Subsection B, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the City Engineer of the City of Vineland as herein provided:
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street or public right-of-way.
(2) 
To make or cause to be made any excavation in or under the surface of any street or public right-of-way for any purpose.
(3) 
To place, deposit or leave upon any street or public right-of-way any earth or other excavated material obstructing or tending to interfere with the free use of the street.
(4) 
To perform any other operation on any street or public right-of-way which in any manner interferes with or disturbs the surface of such street or public right-of-way.
B. 
In the event that any sewer main, conduit or other utility installation in or under any street, alley or public way shall burst, break or otherwise be in such condition as seriously to endanger persons or property, the owner of such sewer main, conduit or other installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making permanent repairs to such street or alley until he shall have secured a permit as hereinafter provided. Such permit shall be applied for within five working days after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, public right-of-way, alley or sidewalk shall be made as directed by the City Engineer and shall be completed as soon as practicable, but no longer than 60 days, after receipt of the permit.
C. 
Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in § 341-17 of this chapter.
[Amended 8-28-1990 by Ord. No. 90-79]
A. 
A written application for the issuance of an excavation permit shall be submitted to the City Engineer. The application shall state the name and address of the applicant; the location and dimensions of the excavation; the purpose of the excavation; the estimated dates of commencement, completion and restoration of the excavation, which in no case will exceed a period of six months from date of application; and such other data as may reasonably be required by the City Engineer. The City Engineer may authorize an extension of said six-month time period if there is justifiable cause, i.e., weather conditions, strike or other unforeseen circumstances.
B. 
The applicant has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4 to 2A:170-69.6[1] when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the City Engineer are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site, and, if so, the applicant is obligated to comply with statutes or regulations pertaining thereto.
[1]
Editor's Note: N.J.S.A. 2A:170-69.4 to 2A:170-69.6 were repealed by P.L. 1978, c. 95.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the City Engineer, in his discretion, may issue or deny a permit to excavate or open the surface of any street or public right-of-way controlled by the City of Vineland, within two weeks of receipt.
B. 
No permit shall be issued for any street or right-of-way for a period of five years after the completion of any construction or reconstruction to it, except in an emergency situation, at the discretion of the City Engineer.
C. 
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of five years after completion of said overlay, except in an emergency situation or at the discretion of the City Engineer or the Mayor, as provided in § 341-15 of this chapter.
D. 
In nonemergency situations, the City Council of the City of Vineland, by resolution, or the Mayor, pursuant to § 341-15 of this chapter, may waive the five-year restriction mentioned previously.
E. 
The City Engineer has the discretionary power, in the case of City streets which carry exceptionally heavy volumes of traffic, to forbid an opening or tearing up or excavating of such a road, except in the event of an emergency situation.
A. 
Permits shall become null and void unless work is commenced pursuant to § 341-3A above. The City Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
B. 
The applicant shall give a twenty-four-hour notice to the City Engineer or his duly authorized representative prior to making any road openings, except in cases of emergency as provided in § 341-2B. No opening shall be commenced on a Saturday, Sunday or a holiday, unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set by the City.
A. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within six months as set forth in § 341-3A above. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the City Engineer.
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the City Engineer, must be available for inspection at the work site and shall be exhibited on demand to any duly authorized employee of the City or to any police officer of the City of Vineland.
D. 
Revocation of permit. The City Engineer may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this chapter or any other applicable rules, regulations, laws or ordinances.
(2) 
Violation of any condition of the permit issued.
(3) 
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provision of this chapter to constitute a nuisance.
E. 
Modification of permit conditions. In a special case, the City Council may, by resolution, impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this chapter shall not apply or shall be altered.
[Amended 8-26-1997 by Ord. No. 97-64]
A. 
Fees must be paid when the application is made. The applicant shall be charged an application fee of $25 for each permit. In addition to the application, the applicant shall post inspection fees as follows:
(1) 
Opening of an improved or unimproved road, opening in the right-of-way, behind the curb, or opening the unpaved shoulder in a public right-of-way. An applicant shall post a minimum fee of $50 per road-opening permit and shall be required to sign the statement to the effect that all reasonable costs by the City associated with the inspection of a road opening related to the permit shall be paid upon billing and proof of expenditure of the costs to the City. In all cases, the minimum road-opening fee shall be $50. Fees for road-opening permits in excess of $50 shall be based on § 341-7B.
B. 
The road-opening-permit fee shall be charged by the City Engineer for the issuance of a permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be in an amount varying with the size of the road opening and roadway typical section, as follows:
(1) 
Size of trench opening.
(a) 
First 16 square feet: $50.
(b) 
Greater than 16 square feet but less than or equal to 50 square feet: $100
(c) 
For every square foot of opening greater than 50 square feet, the fee shall be $1 per square foot.
(2) 
Curb and gutter installation permits.
(a) 
Zero to 100 feet: $50.
(b) 
For every one-hundred-foot increment beyond 100 feet, an additional fee of $25 is charged.
(3) 
Burial cable.
(a) 
Fees.
[1] 
Up to 1,500 feet: $50.
[2] 
Over 1,500 feet: $75 plus $10 for every 1,000 feet thereafter.
(b) 
The fees apply to cables a maximum width of six inches in shoulder. For cables of greater widths, trench fees apply.
(4) 
Maximum.
(a) 
Maximum road-opening-permit fees shall be based on a cap, set by the City Engineer, as follows:
[1] 
Trench opening: $500.
[2] 
Curb and gutter installation: $500.
[3] 
Burial cable: $500.
(b) 
The maximum road-opening-permit-fee cap may be adjusted based on special circumstances impacting the project, which fee shall then be established by the City Engineer.
C. 
Performance bond.
(1) 
No permit shall be issued hereunder prior to the submission of a performance bond in the amount of $90 per square yard of excavation. This performance bond shall serve to guarantee that the road openings will be properly closed and that the road, street or highway will be satisfactorily reconstructed.
(2) 
In the alternative, a certified check in the same amount shall be provided with the application.
D. 
Maintenance bond.
(1) 
A maintenance bond shall be posted prior to the release of the performance bond. The maintenance bond shall be equal to 10% of the performance bond. This maintenance bond will remain in effect for a period of two years. This bond may be in the form of a surety bond, cashier's check or certified check. The purpose of the maintenance bond is to guarantee to the City of Vineland that the permittee will satisfactorily maintain the construction, excavation or road opening for a period of two years.
(2) 
A maintenance bond will not be required if the final restoration is done by the county.
E. 
A utility company may, in lieu of giving a separate bond for each project, annually in January of each year, post a performance bond or a corporate bond in an amount sufficient to encompass the estimated work to be performed by said company during the calendar year; provided, however, that when the openings of trenches exceed the amount of the bond posted, additional bonds and/or cash security will be required. Bonds which are based on automatic renewal shall state the renewal date with the certificate of renewal filed with the City.
F. 
A utility company or authority may also name the City as a coholder of its performance and maintenance bonds, provided that they are of greater or equal value, in projects done by an outside contractor.
G. 
All checks and bonds under this chapter shall be submitted to the City Engineer and shall be made payable to the City of Vineland. Cash will not be accepted. The City of Vineland will hold performance bonds until final inspection and maintenance bonds for two years after final acceptance.
The applicant, upon securing said permit, agrees that the City of Vineland, its officers, employees and agents will be saved harmless from any and all claims of any nature arising out of the construction of road- and street-opening work covered by said permit and, further, that the City of Vineland, in issuing said permit, shall not assume the liability in connection therewith. In the event of any suit or claim against the City of Vineland by reason of the negligence or default of the permittee, upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the City's costs, together with attorneys' fees, in connection with such suits.
A. 
Prior to performing any work under the permit, the permittee shall deliver to the City Engineer a certificate of insurance in the sum of not less than $1,000,000 combined single limit bodily injury and property damage liability or a split limit of liability in the amount of $1,000,000 bodily injury and $1,000,000 property damage. The certificate of insurance should also indicate that bodily injury and property damage liability coverage is provided for products liability and/or completed operations. Where applicable, the permittee shall demonstrate that the explosion, collapse and underground exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the City of Vineland at least 20 days' notice thereof in writing. The insurance policy must remain in effect for a two-year period following completion or be no less than coextensive with the life of the performance bond. Further, the City Inspector shall sign a certificate of satisfactory completion. However, said certificate shall not nullify the above bond conditions.
B. 
On projects done by outside contractors where a utility company or authority is requiring a certificate of insurance greater than or equal to the City's requirements, the contractor's policy must name the City as an additional insured.
A. 
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall keep all street openings guarded at all times and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices maintained throughout the performance of the work, and no greater part of any road shall be opened than that specified in the permit.
B. 
All persons, firms or corporations granted a permit to make an excavation, opening or trench in the public streets and highways of the City shall, at all times, maintain suitable barricades and guards, display proper warning signals and flags, in accordance with the current edition of the Manual on Uniform Traffic Control Devices, or any supplemental or amendments thereto, and provide all necessary watchmen to prevent injury to any person or vehicle by reason of the work. Such barricades shall be protected by sufficient lights at nighttime. Streets and highways must be kept open for traffic at all times except when otherwise ordered or approved by the City Engineer or Chief of Police. All excavations remaining open overnight shall be further protected by an enclosure consisting of, as a minimum, a snow fence. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property and shall not be deemed as authorization to leave a street open when ordered to do otherwise by the City Engineer.
C. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No public right-of-way shall be closed to traffic without the prior consent of the City Engineer and unless the closing is approved by the Director of Public Safety. The Police Department shall be informed of all street closings at least 48 hours in advance. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the latest edition of the Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration. The permittee desiring to close a road to traffic shall also notify the Fire Department, school board and postal service. The permittee shall pay for all costs associated with uniformed police service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Where flagmen are deemed necessary, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, and in the instances in which this would not be feasible, the City Engineer will designate detours. The City shall maintain roadway surfaces of existing roadways designated as detours without expense to the permittee, but in case there are not existing roadways, the permittee shall construct all detours at its own expense and in conformity with the specifications of the City Engineer.
E. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants, utility valves and maintenance. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
Any portions of work areas not closed to traffic must be temporarily patched with cold patch a minimum of two inches thick and properly maintained until final paving is installed.
B. 
The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon roadways as little as possible.
C. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections.
D. 
The permittee must call the New Jersey Utility Opening Service at (800) 272-1000 and obtain clearances before beginning excavation.
E. 
It is urged that all utilities be constructed with a minimum of three feet of cover to provide protection for the utilities in the event that future City street or public right-of-way reconstruction, repair or modifications necessitate excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating said utility at said utility owner's expense in case of conflict with future construction, reconstruction or modification of City-related facilities.
A. 
All work shall be governed by the New Jersey State Department of Transportation 1983 Standard Specifications for Road and Bridge Construction, with all amendments and supplements except as supplemented herein.
B. 
No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building, unless that is the purpose of the excavation or permission has been obtained in advance from the City Engineer. No work shall be carried on in such a manner as to result in damage or destruction of any property of the City of Vineland, unless this is necessary for completion of the work and permission has been obtained in advance from the City Engineer.
C. 
For all openings:
(1) 
The paved roadway surfaces shall be cut vertically with a sharp tool on a straight line before excavating. The edges of the opening shall be as square and clean cut as possible.
(2) 
The material excavated from the trench opening shall not be replaced as backfill unless specifically permitted by the City Engineer.
(3) 
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the City Engineer. Where the City Engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, cinders or other suitable material, which shall be placed in layers (not exceeding six inches in depth) and thoroughly compacted in the manner prescribed by the Engineer. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Engineer determines that any backfilled excavation has settled or caved in, he shall notify the permittee, who shall promptly continue backfilling until the Engineer determines that settlement is complete.
(4) 
Clean granular backfill shall be furnished from outside sources and deposited in layers and compacted in such a manner and by such matters as to achieve ninety-five-percent standard proctor density throughout the entire backfill.
(5) 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete or pressure-grouted.
(6) 
The uncompleted length of a road opening allowed under a permit at any one time shall not exceed 50 linear feet, unless approved by the City Engineer.
(7) 
All openings must be backfilled immediately and final pavement restored between 30 and 90 days.
(8) 
All openings in roadside areas shall be backfilled and leveled with clean granular material to within four inches of the adjacent grade. After proper settlement, four inches of topsoil shall be placed and the area fertilized and seeded. Mulching shall also be placed when directed by the City Engineer. Should proper growth not be achieved, the area will be reseeded as necessary.
(9) 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the City Engineer.
(10) 
Any opening or restoration procedure which is not in conformance with the technical specifications listed in this chapter must be approved by the City Engineer.
(11) 
Upon completion of work, the applicant will request a final inspection by the City Engineer. If work is completed in a satisfactory manner, a certificate of satisfactory completion will be signed. Upon the signing of this certificate and the delivery of a maintenance guaranty to the City Engineer, the performance guaranty will be returned.
(12) 
In any case where the contractor has not complied with these regulations to the satisfaction of the City Engineer, the Engineer, without notice, may cause the work to be done, and the cost shall be charged against the bonding company.
(13) 
Where openings are made in a roadway, disturbing more than 25% of the roadway, the entire roadway width shall be overlaid with a two-inch and variable thickness of FABC-1, Mix 5, pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface.
(14) 
The City Engineer may, in his discretion, waive the paving of the entire roadway in cases where less than 50% of the roadway is disturbed.
(15) 
All traffic control devices, i.e., signs, stripes, etc., removed as a result of said permittee's street opening shall be replaced in conformance with the Manual on Uniform Traffic Control Devices, to the satisfaction of the City Engineer, upon final restoration.
(16) 
All excess of excavated materials on any street shall be promptly removed from the street by the person, firm or corporation receiving the permit.
(17) 
Dewatering.
(a) 
The contractor shall furnish sufficient pumping equipment at his own expense for satisfactory drainage whenever needed in the trench and other excavations during the progress of the work.
(b) 
All water pumped and bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge.
(c) 
The flow in all sewers, drains and watercourses encountered on the work, and in gutters alongside of or across the work shall be entirely provided for, both temporarily and permanently, as required, by the contractor and at his expense.
(d) 
Hay bales or other methods approved by the Soil Conservation Service shall be placed at inlets to prevent sand and silt infiltration.
A. 
Temporary restoration.
(1) 
Temporary restoration shall consist of a two-inch minimum compacted depth of bituminous cold-patch material placed on the base material, brought to adjacent existing grade, and shall be maintained by the permittee. During the months when hot-mix bituminous concrete is commercially unavailable, the trench or excavation shall be restored using 10 inches of gravel subbase and two inches of cold-mix bituminous concrete, RR102-Fine, or its equal. The contractor shall, to the satisfaction of the Engineer or his designated representative, maintain the surface of the trench until permanent restoration is made.
(2) 
No permittee shall commence the final restoration of any street foundation or surface until the settlement of the subsurface is complete and the area is properly prepared for final restoration. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration.
B. 
Final restoration of oil and stone roadways.
(1) 
For openings in gravel and oil and stone roads, clean granular backfill shall be added. Eight inches of road gravel (soil aggregate Type 1-5) shall then be added to a level 10 inches minimum below the level of the adjacent paved surfaces. A two-inch minimum depth of cold patch shall be placed on the base material as temporary restoration only.
(2) 
The permittee shall perform the final restoration by removing the two-inch patch and replacing it with FABC-1, Mix-5, rolled in place to obtain a smooth pavement surface. All joints between the new and existing pavements shall be saw cut and sealed with a tack coat.
C. 
Asphalt pavement restoration, final.
(1) 
As to asphalt pavements, before placing the base course, the opening shall be cut back six inches beyond the perimeter of the trench opening and a tack coat applied to all joints. The tack coat shall be asphaltic oil Grade RC-0 or emulsified asphalt 2S-2 or equal. At least one foot of backfill shall be quarry blend, except high-pressure liquids, i.e., water mains or services, where eight inches of compacted gravel (soil aggregate Type 1-5) will be acceptable. Where the existing pavement depth is greater than two inches, the layer of crushed stone [1 1/2 inches (quarry blend)] shall be installed at a twelve-inch depth between the gravel and bituminous stabilized base course to obtain a minimum depth for four inches bituminous stabilized base course (I-2 or I-3) conforming to the standard specifications of the New Jersey Department of Transportation.
(2) 
For openings in newly constructed or reconstructed (five years old or less) pavements, a four-inch minimum final layer of bituminous stabilized base (I-2 or I-3) course shall be required on all openings and two inches FABC surface course (I-4 or I-5) as specified in the standard specifications of the New Jersey Department of Transportation.
(3) 
For openings in concrete or asphalt overlays on concrete, reinforced Class C concrete shall be installed at a minimum thickness of six inches or whatever is existing, whichever is greater. The concrete shall be doweled into existing concrete with No. 6 rebars 12 inches O.C. in all directions. If an asphalt overlay existed over the concrete, then the identical thickness of bituminous stabilized base course shall be placed over any new concrete repairs.
D. 
If the work is not completed within the time specified in the permit or any extension granted by the City Engineer or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the City Engineer, then the City may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be recovered without limit by an action in any court of competent jurisdiction.
E. 
The applicant shall have 24 hours to effectuate repairs to any opening when notified by the City Engineer. Prior to final restoration, should the applicant fail to make repairs, repairs will be made by the City, and all costs of said repair shall be borne by the applicant. If payment is not made, the City will notify the applicant of its intent to file against the bond.
A. 
If more than three individual holes are required within a twenty-foot length, a single trench must be used rather than the individual holes. In no case will more than three individual holes be permitted.
B. 
The City shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with any conditions imposed on the issuance of the permit and the specifications. The City may, upon the recommendation of its inspector:
(1) 
Order a temporary stop to any road opening.
(2) 
Order that the applicant perform or correct specified work in accordance with the directions of the City Engineer.
(3) 
Order a stop to any work and revoke the permit, in which event the City shall complete or cause to be completed the work and declare the applicant's cash deposit forfeit or notify the applicant's surety of an intent to file claim on the bond.
(4) 
Correct any work after notification to the applicant and the neglect or the refusal of the applicant to make corrections as indicated and, upon doing so, declare the applicant's cash bond forfeit or notify the applicant's surety of an intent to file a claim on the bond.
(5) 
Take any other action deemed reasonable under the circumstances.
A. 
If, by special permission of the Mayor or his designee, a permit is issued to open any paved or improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event that the work is of an emergency nature. The penalty charge shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof for the five-year restriction period.
B. 
Example. For an opening made with 55 months left on the moratorium, the total permit fee shall be calculated as follows:
Cost of opening: $975.
Penalty fee: (2% x 55 months) x $975 = $1,072.50
Penalty fee:
$1,072.50
Cost of opening:
$975.00
Application fee:
$15.00
Total permit fee:
$2,062.50
A. 
The terms of this chapter shall not apply to a road, street, avenue, highway or right-of-way within any subdivision approved by the appropriate governmental bodies prior to the City of Vineland having accepted the same for maintenance.
B. 
In an appropriate case of an application of a public utility for the installation, removal, replacement or maintenance of utility poles in the right-of-way where the cartway will not be disturbed, damaged or substantially affected and where said activities will not create, constitute or result in a hazard or conditions detrimental to the public health, safety and welfare, the City Engineer or his designee may waive compliance by said utility with the terms of this chapter as may be deemed inappropriate to the accomplishment of the intent and purposes of this chapter.
C. 
The City Engineer or his designee may waive compliance with any of the terms of this chapter in the case of an application by a federal, state, county or municipal governmental body, department, agency or authority.
A. 
Any person, firm or corporation violating any provisions of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[Amended 10-27-2009 by Ord. No. 2009-68]
B. 
The municipality may withhold issuance of future permits if the applicant has failed to restore prior street openings in compliance with this chapter.
[Added 7-27-2021 by Ord. No. 2021-46]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the City relating to the review and issuance of a permit, including review by the City Planner, City Engineer, Utility Engineer and staff or designee to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. This process does not involve the exercise of discretion. Either the issuance of a permit is in conformity with the applicable provisions of this chapter or it is not. This process is not subject to a public hearing.
ANTENNA
Communications equipment that transmits and/or receives over-the-air electromagnetic 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.
APPLICABLE CODES
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 City or otherwise are applicable in the jurisdiction.
APPLICANT
A person who submits an application under this model code.
APPLICATION
A written request submitted by an applicant (such as the form annexed hereto as Appendix B[1]) to a City for a permit:
(1) 
To locate or collocate, or to modify, a communications facility underground or on any existing support structure, pole, or tower; or
(2) 
To construct, modify or replace a new support structure, pole or tower or any other structure on which a communications facility will be collocated.
CITY
The City of Vineland or any agency, county, municipality, district, subdivision or any instrumentality thereof, including but not limited to public utility districts or municipal electric utilities. The term shall not include courts of the state having jurisdiction over a city or any entities that do not have zoning or permitting jurisdiction within the City.
CITY POLE
A pole owned, managed or operated by or on behalf of the City.
COLLOCATE
To install, mount, maintain, modify, operate and/or replace a communications facility on an existing support structure, pole, or tower or any other structure capable of supporting such communications facility. "Collocation" has a corresponding meaning. The term does not include the installation of a new utility pole, tower or support structure in the public right-of-way.
COMMUNICATIONS FACILITY
(1) 
Collectively, the equipment at a fixed location or locations that enables communication between user equipment and a communications network, including:
(a) 
Radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
(b) 
All other equipment associated with any of the foregoing.
(2) 
A communications facility does not include the pole, tower or support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); or a provider of telecommunications service, as defined in 47 U.S.C. § 153(53); or provider of fixed wireless or other wireless services as defined in 47 U.S.C. § 332(c)(7)(C)(i).
DECORATIVE POLE
A City pole that is specially designed and placed for aesthetic purposes.
DEPLOYABLE
A portable, self-contained wireless facility that can be moved to a specified location or area and provide wireless services on a temporary or emergency basis such as a "cell on wheels" or "COW," "cell on light truck" or "COLT," tethered balloon, tethered drone or other unmanned device.
DISCRETIONARY REVIEW
Review of an application by the City relating to the review and issuance of a permit that is other than an administrative review. Discretionary review involves discretion on the part of the City (subject to any applicable limits on such discretion) in determining whether to issue a permit and may be subject to one or more public hearings or meetings.
ELIGIBLE FACILITIES REQUEST
An eligible facilities request as set forth in 47 CFR 1.40001(b)(3), as may be amended from time to time.
FCC
The federal Communications Commission of the United States.
FEE
A one-time, nonrecurring charge, whether a fixed amount or cost-based amount based on time and expense.
GROUND-LEVEL CABINET
A cabinet that is not attached to an existing pole or new pole and is touching or directly supported by the ground which is part of a communications facility.
HISTORIC PROPERTY
Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C) or established pursuant to the State of New Jersey historic preservation law.
LAWS
Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT
With respect to a communications facility and/or the associated support structure, pole or tower, inspections, testing, repair and modifications that maintain functional capacity, aesthetic and structural integrity; and with respect to a communications facility only, the replacement or upgrade of antennas and/or other components of the communications facility (specifically, such as a swap out or addition of 5G antennas and radio equipment as required by the applicant), with antennas and/or other components substantially similar in color, aggregate size and other aesthetics to that previously permitted by the City (and/or consistent with the same height and volume limits for wireless facilities under this chapter), so long as the support structure, pole, or tower will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited by the structural load analysis supplied by the applicant to the City, and by the volume limits in the definition of "small wireless facility" in this Subsection A. Modifications beyond the foregoing must be requested in writing by the applicant and are subject to discretionary approval by the City.
PERMIT
A written authorization (in electronic or hard-copy format) required by the City to initiate, continue, or complete installation of a communications facility, or an associated support structure, pole, or tower.
PERSON
An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization.
POLE
A pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached unless the City grants a waiver for such pole. A pole does not include a tower or support structure.
POLE-MOUNTED CABINET
A cabinet that is proposed to be placed on an existing or proposed pole which is part of a communications facility.
PROVIDER
A communications service provider or a wireless provider. A provider may also be referred to herein as "occupant" when referencing occupation of a public right-of-way.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, but not including a federal interstate highway or other area not within the legal jurisdiction, or within the legal ownership or control of the municipality.
RATE
A recurring charge.
REPLACE or REPLACEMENT
In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, similar in design, size and scale to the existing structure and in conformance with current City Code and policies, in order to address limitations of, or change requirements applicable to, the existing structure to structurally support collocation of a communications facility. In connection with replacement of a pole or tower to support collocation of a wireless facility, similarity in size and scale shall be evaluated consistent with 47 CFR 1.40001, Subpart b(7).
SMALL WIRELESS FACILITY
(1) 
A wireless facility that meets both of the following qualifications:
(a) 
Each wireless provider's antenna (including, without limitation, any strand-mounted antenna) could fit within an enclosure of no more than 1.2 cubic feet in volume; and
(b) 
All other wireless equipment associated with the facility is cumulatively no more than 2.2 cubic feet in volume.
(2) 
The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for connection of power and other services.
STATE
The State of New Jersey.
SUPPORT STRUCTURE
A building, a billboard, a water tank or any other structure to which a communications facility is or may be attached. "Support structure" does not include a pole or a tower.
TOWER
Any structure built for the sole or primary purpose of supporting a wireless facility, such as a self-supporting tower, a monopole, a lattice tower or a guyed tower. "Tower" also includes a structure designed to conceal from the general public the wireless facility. A tower does not include a pole or a support structure.
WIRELESS FACILITY
A communications facility installed and/or operated by a wireless provider. The term does not include the support structure, tower or pole on, under, or within which the equipment is located or collocated, or 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 example of a wireless facility.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications service in the state, that builds or installs and/or operates wireless facilities or poles, towers or support structures on which wireless facilities are or are intended to be used for collocation, but that is not a wireless services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
Any wireless services including, without limitation, personal wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i), fixed wireless and other wireless services.
WIRELESS SERVICES PROVIDER
A person who provides wireless services.
[1]
Editor's Note: Appendix B is on file in the City offices.
B. 
Governance of deployment in the public ROW.
(1) 
General provisions of agreement for access to public ROW.
(a) 
Fees and rates. As a condition to the effectiveness of a permit to install a communications facility in the public right-of-way, the applicant shall pay the following fees and rates, as more particularly set forth in this chapter:
[1] 
Fees and rates. The applicant will pay the following fees and rates:
[a] 
Application fee, equal to $500 for a single permit, and $100 for each additional collocation site on an existing pole for multiple number of similar applications submitted simultaneously by a wireless provider or any other communications service provider to the City shall be paid upon submission of the application.
[b] 
Make-ready fee, determined on a site-specific, engineering basis, for work reasonably necessary to make a particular City pole suitable for attachment of the applicable communications facility shall be paid upon submission of the application as more particularly described in Subsection B(3)(f) below.
[c] 
Annual ROW or occupancy rate, for nonexclusive occupancy of the public ROW by the applicant, equal to $270 per year per installation shall be paid within 30 days of issuance of the applicable permit(s) and annually thereafter.
[d] 
Annual attachment rate, equal to $100 for attachment to a City pole in the amount shall be paid within 30 days of issuance of the applicable permit(s) and annually thereafter.
[e] 
Generally applicable, nondiscriminatory fees, such as those required for land use board applications, electrical permits, building permits, or street opening permits, shall be paid by applicant as required in the applicable provisions of the City Code.
[f] 
Deposit towards anticipated municipal expenses.
[i] 
In addition to the right-of-way permit fee, the City shall require the posting of a $2,000 deposit towards anticipated municipal expenses related to an application made pursuant to this chapter.
[ii] 
Applicant's deposit towards anticipated municipal expenses shall be placed in an escrow account. If said deposit contains insufficient funds to enable the City to perform its review, the Chief Financial Officer of the City shall provide applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 10 days, post an additional $2,000 deposit.
[iii] 
The Chief Financial Officer shall, upon request by the applicant, and after a final decision has been made by the City Council regarding his or her pending right-of-way permit application, and subject to review by the City Engineer and City Solicitor, refund any unused balance from applicant's deposit towards anticipated municipal expenses.
[g] 
An applicant shall not be subject to any municipal fees or rates, other than those expressly cited above or as may be otherwise negotiated between an applicant and the City.
[h] 
The applicant, or person who owns or operates the communications facility installed in the public ROW (including, without limitation, on a City pole) may remove its facilities at any time from the public ROW, upon not less than 30 days' prior written notice to the City, and may cease paying to the City any applicable fees and rates for such use, as of the date of actual removal of the facilities.
(2) 
Permitted communications facility uses/administrative review; application.
(a) 
Permitted use. The following uses within the public ROW shall be a permitted use, subject to administrative review only and issuance of a permit as set forth in this Subsection B(2). All such uses shall be in accordance with all other applicable provisions of this chapter, including, without limitation, those set forth in Subsection B(5) below:
[1] 
Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request;
[2] 
Modification of a pole, tower or support structure or replacement of a pole, for collocation of a communications facility that qualifies as an eligible facilities request or involves a small wireless facility that does not exceed the maximum limitations set forth in Subsection B(3)(c)[1][a][i] below; all other such modifications or replacements are subject to discretionary review;
[3] 
Construction of a new pole to be used for collocation of a small wireless facility that does not exceed the maximum height set forth in Subsection B(3)(c)[1][a][i] below; and
[4] 
Construction of a communications facility, other than those set forth in Subsection B(2)(a)[1], [2] or [3], involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or aboveground between two or more poles or a pole and a tower and/or support structure, and related equipment and appurtenances.
(b) 
Permit required. No person shall place any facility described in Subsection B(2)(a) above in the public ROW without first filing an application for same and obtaining a permit therefor, except as otherwise expressly provided in this chapter.
(c) 
Proprietary or confidential information in application. The City shall make accepted applications publicly available. 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 City shall treat the information as proprietary and confidential, subject to applicable state and local "freedom of information," Common Law Right to Know and/or Open Public Records Act laws and the City's determination that the applicant's request for confidential or proprietary treatment of an application material is reasonable.
(d) 
Administrative review application requirements. The application shall be made by the applicable provider or its duly authorized representative 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 general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed.
[4] 
Detailed construction drawings regarding the proposed facility as may be required by the Code of the City of Vineland.
[5] 
To the extent the proposed facility involves collocation on a pole, tower or support structure, a structural report performed by an engineer licensed in the State of New Jersey evidencing that the pole, tower or support structure will structurally support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.
[6] 
For any new aboveground facilities, visual depictions or representations if not included in the construction drawings.
(e) 
Ordinary maintenance, repair and replacement. An application shall not be required for ordinary maintenance, repair and replacement, other than to the extent required for permits described in Subsection B(5)(b)[3] below.
(f) 
Information updates. Any material change to information contained in an application shall be submitted in writing to the City Engineer and Planning Division within 30 days after the change necessitating the change.
(g) 
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this chapter shall be accompanied by the fees required under Subsection B(1)(a) above.
(3) 
Action on administrative review applications.
(a) 
Review of applications for administrative review.
[1] 
The City shall review the application in light of its conformity with applicable provisions of this chapter, and shall issue a permit on nondiscriminatory terms and conditions, subject to the following requirements:
[a] 
Within 20 days of receiving an application, the City must determine and notify the applicant whether the application is complete; or, if an application is incomplete, the City must specifically identify the missing information, and may toll the approval interval in Subsection B(3)(a)[1][b] below. The applicant may resubmit the completed application within 20 days without additional charge, and the subsequent review will be limited to the specifically identified missing information subsequently completed, except to the extent material changes to the proposed facility have been made by the applicant (other than those requested or required by the City) in which case a new application and application fee for same must be submitted; and
[b] 
The City must make its final decision to approve or deny the application within 60 days for a collocation, and 90 days for any new structure, after the application is complete (or deemed complete);
[c] 
The City must advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including specific code provisions and/or regulations on which the denial was based. A decision to deny an application shall be in writing and supported by evidence contained in a written record and sent to the applicant. The written decision, supported by such evidence, shall constitute final action by the City. The review period or "shot clock" shall run until the written decision, supported by evidence, is released and sent to the applicant contemporaneously. The applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee unless denial was issued due to noncompliance with design guidelines or other requirements under this Subsection B (in which case a new application fee must be paid). The City shall approve or deny the revised application within 30 days of receipt of the revised application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial and any material changes to the application made to cure any identified deficiencies.
[2] 
If the City fails to act on an application within the review period referenced in Subsection B(3)(a)[1][b], the applicant may provide the City written notice that the time period for acting has lapsed, and the City then has 20 days after receipt of such notice within which to render its written decision, failing which the application is then deemed approved by passage of time and operation of law. Applicant shall provide notice to the City at least seven days prior to beginning construction or collocation pursuant to a permit issued pursuant to a deemed approved application, and such notice shall not be construed as an additional opportunity for objection by the City or other entity to the deployment.
[3] 
An applicant seeking to construct, modify or replace a network of communications facilities may, at the applicant's discretion and subject to the City's batch application requirements and process under Subsection B(7) below, file a consolidated application and receive a single permit for multiple communications facilities, or multiple permits. The City's denial of any site or sites within a consolidated application shall not affect other sites submitted in the same application. The City shall grant a permit(s) for any and all sites in a consolidated application that it does not otherwise deny, subject to the requirements of this section.
(b) 
Review of eligible facilities requests. Notwithstanding any other provision of this chapter, the City shall approve within 60 days and may not deny applications for eligible facilities requests according to the procedures established under 47 CFR 1.40001(c).
(c) 
Small wireless facilities; maximum height; other requirements.
[1] 
Maximum size of permitted use. Small wireless facilities, and new, modified or replacement poles, towers and support structures (subject to the further limitation for replacement of support structures described in the definition of "replace or replacement" in Subsection A above) to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use in accordance with this Subsection B(2), subject to the following requirements:
[a] 
Each new, modified or replacement pole, tower or support structure installed in the public ROW shall not exceed:
[i] 
Ten percent above the average height of existing poles in the surrounding ROW but in no event exceeding 50 feet above ground level in the public ROW.
(d) 
Discretionary review requirements. Unless an applicant seeks to install a communications facility that conforms to the specific uses and size and height limitations set forth in Subsection B(2)(a) above (or involves ordinary maintenance, repair and replacement), the application shall be subject to the discretionary review (e.g., zoning/land use) requirements set forth elsewhere in the City Code and/or policies applicable to construction and placement of such facilities.
(e) 
Undergrounding provisions.
[1] 
The City shall administer undergrounding provisions in a nondiscriminatory manner. It shall be the objective of the City and all public ROW occupants to minimize disruption or discontinuance of service of all kinds to consumers, through mutual obligation to coordinate and timely complete such projects.
[2] 
An occupant shall comply with nondiscriminatory City undergrounding requirements that are in place and published prior to the date of initial filing of the application, and prohibit electric, telecommunications and cable providers from installing aboveground horizontal cables, poles, or equivalent vertical structures in the public ROW; and the City may require the removal of overhead cable and subsequently unused poles. In areas where existing aerial utilities are being moved underground, wireless providers shall retain the right to remain in place, under their existing authorization, by replacing the existing pole(s) or vertical structure locations for antennas and accessory equipment with a similar type pole, such as a decorative pole or existing pole used for lighting, as a permitted use, within 50 feet of the prior location, unless a minimally greater distance is necessary for compelling public welfare.
[3] 
In neighborhoods or areas with existing underground utilities that do not have small wireless facilities deployed as a permitted use, a new entrant wireless provider applying after utilities have been placed underground shall first seek existing vertical structure locations, if technically feasible for the wireless service to be deployed. To the degree such vertical structures are not available, and upon receiving an approved permit, the applicant shall be entitled to place poles or vertical structures as necessary to provide the wireless service using vertical structures commensurate with other vertical structures in the neighboring underground utility area. The location of such structures shall take into consideration the use and need of the ROW by other utilities.
[4] 
In neighborhoods or areas with existing underground utilities that do have small wireless facilities deployed as a permitted use, a new entrant wireless provider applying after utilities have been placed underground shall first seek existing vertical structure locations. The applicant shall provide substantial evidence that the use of existing vertical structures are not technically feasible for the wireless service to be deployed. To the degree such vertical structures are not available, and upon receiving an approved permit, the applicant shall be entitled to place poles or approved vertical structures as necessary to provide the wireless service using vertical structures commensurate with other vertical structures of wireless providers in the neighboring underground utility area.
[5] 
In neighborhoods with underground utilities, whether being converted from overhead utilities or initially underground, microwireless devices, typically strand-mounted, shall be treated like other small wireless facilities in the public ROW, requiring permitted use status, and subject to nonrecurring and recurring fees and rates.
(f) 
Underground construction.
[1] 
Placement. Unless agreed to in writing by the City in advance, underground facilities may, in general, be placed beneath the paved road surface and in accordance with City policy and codes. Underground facilities shall have consistent alignment parallel with the edge of pavement and, unless agreed to in writing by the City, shall have a minimum [two-foot - or consider local conditions] horizontal and vertical clearance from other underground utilities and their appurtenances.
[2] 
Depth. Unless agreed to in writing in advance by the City, the depth of installed facilities shall be, at a minimum, measured from the bottom of the facility to the top of the cable, as follows:
[a] 
If the road style and other conditions permit, microtrenching no more than 16 inches in soil;
[b] 
Twenty-four inches in soil (may be up to 48 inches depending on local conditions);
[c] 
Twenty-four inches below a projected slope from the flowline of a ditch at a three horizontal and one vertical slope;
[d] 
Forty-eight inches under a roadway measured from the surface of said roadway to the top of the installation;
[e] 
Forty-eight inches under a stormwater or creek channel design flowline; and
[f] 
Twenty-four inches under all water and natural gas lines.
[3] 
Excavations. Excavations shall be promptly backfilled according to City standards and the earth shall be restored to original grade and condition to assure no hazard to vehicular or pedestrian traffic. The public ROW occupant shall perform all necessary compaction tests in accordance with the latest design and construction specifications approved and disseminated by the City setting forth requirements for backfill and paving cut repairs (e.g., standard concrete pavement cut and repair; standard asphalt pavement cut and repair, etc.).
[4] 
Repair and replacement. The repair or replacement of any sidewalk, any driving surface and the base of any roadway shall comply with City standards, pursuant to engineering plans on file with the City and may require additional removal to the nearest joint in all directions. Performance and payment of such repair and restoration shall be the responsibility of the applicant, unless the City elects, in its sole discretion, to perform such repair or restoration, in which case applicant will reimburse City for all actual and reasonable costs within 30 days of demand by City for payment.
[5] 
Casement. Underground conduit shall be placed in such a manner so it can be located by any public ROW occupant. All conduit should have sequentially marked footage at every foot. The approved methods of locating conduit are by using locatable pull tape, installing a ground wire, using a toneable duct or installing armored cable. All public ROW occupants shall make all reasonable efforts to ensure that all existing facilities shall be marked during the normal course of business.
[6] 
Construction signage.
[a] 
Any permittee excavating or obstructing any portion of the ROW shall erect a temporary sign displaying either the names of the public ROW occupant, any contractors and/or subcontractors involved in the project and the City permit number authorizing said activity; or the names of the public ROW occupant and a local telephone number or toll-free number manned during regular business hours by an individual who is knowledgeable about the construction project. The sign shall be visible from any adjacent traffic lane and shall be maintained throughout the duration of the project.
[b] 
All vehicles used, parked or stored by or on behalf of a public ROW occupant or permittee within a permitted construction zone shall be clearly marked, providing the name of the facility's owner, the permittee, the contractor or subcontractor. Any unmarked vehicles shall be subject to all moving and parking ordinances. Private vehicles shall not be permitted to be parked or stored within any permitted work zone at any time.
[c] 
A copy of the current permit shall be maintained on each work site, and shall be presented upon request to any City representative.
[7] 
City granted; no property right or other interest created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this chapter, and 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 public ROW.
[8] 
Duration. Any permit for construction 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 two additional three-month periods upon written request of the applicant (made prior to the end of the initial six-month period and made prior to the end of the first three-month extension) if the failure to complete construction is delayed as a result of circumstances beyond the reasonable control of the applicant in the sole discretion of the City.
(g) 
Removal, relocation or modification of a communications facility in the ROW.
[1] 
Notice. Within 90 days following written notice from the City, a provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any communications facility within the public ROW 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 public ROW. The City shall apply the same standards to all utilities in the public ROW.
[2] 
Emergency removal or relocation of facilities. The City retains the right and privilege to cut power to or move any communications facility located within the public ROW of the City, 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 provider and provide the provider an opportunity to move its own facilities prior to cutting power to or removing the communications facility and in all cases shall notify the provider after cutting power to or removing the communications facility as promptly as reasonably possible.
[3] 
Abandonment of facilities. A provider is required to notify the City of abandonment of any communications facility at the time the decision to abandon is made; however, in no case shall such notification be made less than 30 days prior to abandonment. Such notice shall describe the facilities for which the use is to be discontinued, and the date of discontinuance of use. Upon notification, the City will choose from the following options within 30 days or any other agreed-upon option, and so notify the occupant of its decision:
[a] 
Abandon the facilities in place and the occupant shall further convey full title and ownership of such abandoned facilities to the City; the occupant is responsible for all obligations of the facilities, or other associated liabilities until the conveyance to the City is completed; or
[b] 
The facilities shall be removed and the occupant shall be liable for removing the facilities at its own cost. If an occupant fails to remove facilities that the City requires it to remove, after 60 days' notice to the occupant, the City may perform the work and shall be entitled to collect the cost from the occupant, its successors and/or assigns.
[4] 
Structural reconditioning, repair and replacement. From time to time, the City may paint, recondition, or otherwise improve or repair the City poles ("reconditioning work"). The provider shall reasonably cooperate with the City to carry out reconditioning work activities in a manner that minimizes interference with the provider's approved use of the facility.
[a] 
Prior to commencing reconditioning work, the City will use reasonable efforts to provide the provider with at least 60 days' prior written notice. Upon receiving that notice, it shall be the provider's sole responsibility to provide adequate measures to cover, remove, or otherwise protect the provider's communications facility from the consequences of the reconditioning work, including but not limited to paint and debris fallout. The City reserves the right to require the provider to remove all of the provider's communications facility from the City pole and surrounding premises during reconditioning work, provided the requirement to remove same is contained in the written notice required by this subsection. All cost associated with the protection measures, including temporary removal, shall be the sole responsibility of the provider. If the City fails in good faith to give notice of less than 60 days' notice, it will not affect the City's rights under this subsection. The City will provide the provider with a date by which its equipment must be protected or removed.
[b] 
The provider may request a modification of the City procedures for carrying out reconditioning work in order to reduce the interference with provider's operation of its communications facility. If the City agrees to the modification, the provider shall be responsible for all reasonable incremental cost related to the modification.
[c] 
If the City poles need to be replaced ("replacement work"), the City shall provide provider with at least 60 days' written notice to remove its communications facilities. The City shall also promptly notify provider when the City poles have been replaced and provider may reinstall its equipment. During the replacement work, the provider may maintain a temporary communications facility, provided it does not impair the health or safety of people, or after approval by City, on any land owned or controlled by City, in the vicinity of the property. If the property will not accommodate the provider's temporary communications facility or if the parties cannot agree on a temporary location, the provider, at its sole option, shall have the right to suspend the applicable permit, until the replacement pole is installed, upon 30 days' written notice to the City. If the City poles need to be repaired due to storm or other damage ("repair work"), the City shall notify the provider to remove its communications facilities as soon as possible. In the event of an emergency, the City shall contact the provider by telephone at its emergency contact of record upon or prior to removing the provider's equipment. Once the City poles have been replaced or repaired, the City will promptly notify the provider that it can reinstall its equipment. During City repair work, the provider may maintain a temporary communications facility, provided it does not impair the health or safety of people, or after approval by the City, on any land owned or controlled by the City in the vicinity of the property. All cost associated with any removal or protection of communications facilities shall be the sole responsibility of the provider.
(h) 
Attachment to City poles in the public ROW.
[1] 
Make-ready. For any attachment to City poles in the public ROW, the City shall provide a good-faith estimate for any make-ready work necessary to enable the City pole to support the proposed facility, including replacement of the pole if necessary, within 60 days after receipt of a completed application requesting attachment to the City pole. Make-ready work including any pole replacement shall be completed within 120 days of written acceptance of the good-faith estimate by the provider. Such acceptance shall be signified by payment via check or other commercially reasonable and customary means specified by the City.
(4) 
Applications requiring discretionary review and approval.
(a) 
Discretionary review required. All other uses not expressly set forth or referenced in Subsection B(2)(a) above shall require compliance with and issuance of a permit under the appropriate section of the Code of the City of Vineland.
(5) 
Other public ROW installation requirements.
(a) 
General principles.
[1] 
The City shall have the power to establish reasonable and nondiscriminatory limitations on the placement of new or additional facilities within specific congested segments of the public ROW if there is insufficient space to accommodate all of the requests of applicants or other persons to occupy and use the public ROW. In making such decisions, the City shall to the extent possible accommodate all existing users and potential users (i.e., those who have submitted an application to deploy facilities within the public ROW) of the public ROW, and shall be guided primarily by considerations of the public interest, the width and physical condition of the public ROW, the time of year with respect to essential utilities, the protection of existing facilities in the public ROW and established plans for public improvements and development projects which have been determined to be in the public's interest.
[2] 
Leasing of excess space in ducts, conduits and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees or licensees of such physical facilities must still comply with the terms of this chapter, unless otherwise expressly exempted by the City.
[3] 
An occupant of the public ROW shall employ due care during the installation and maintenance process, and comply with all safety and public ROW-protection requirements of applicable federal, state and local laws (and any generally applicable City guidelines, standards and practices), and any additional commonly accepted safety and public ROW-protection standards, methods and devices (to the extent not inconsistent with applicable laws). All facilities under the streets of the City shall be kept and maintained in a safe and well-ordered condition, and in good order and repair.
[a] 
Any permittee occupying any portion of the public ROW shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs and lights appropriate to the level of complexity of the activity in order to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Manual of Uniform Traffic Control Devices and approved by the City Engineer and Vineland Police Department as appropriate.
[b] 
Occupants of the public ROW with open excavations awaiting final restoration shall maintain all devices as set forth herein.
[c] 
Each occupant shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the occupant's field employees and contractors for all job sites within the public ROW. Prior to any excavation, the occupant shall notify the City Engineer of the name and all contact information for the safety officer.
[4] 
Location of existing facilities.
[a] 
An occupant of the public ROW shall not place any fixtures or equipment where the same will interfere with any existing facility, and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any public ROW.
[b] 
To minimize disruption of public passage or infrastructure, to forestall or relieve overcrowding of the public ROW, or to protect historic property or environmentally sensitive areas, the City may require, as a condition of issuing any permit for placement of underground facilities, that the occupant place empty conduits in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the City's use. The occupant shall cooperate with the City in any such construction and shall notify the City prior to closure or completion of installation of conduits, trenches or bores. The City may then notify the occupant in writing that it is interested in sharing the trenches or bores in the area where the construction is occurring. The occupant shall allow the City to place its infrastructure in the occupant's trenches and bores as requested by the City, provided that the City incurs an incremental share of the costs of trenching, boring, and placing the conduit/infrastructure. The City shall be responsible for maintaining its facilities buried in the trenches and bores or otherwise placed in the public ROW under this subsection.
[c] 
Before beginning excavation in any public ROW, an occupant shall contact the regional notification center for subsurface installations (one-number locator service) to determine possible conflicts. The occupant shall provide the City with proof of such notification.
[5] 
Relocation of existing facilities. If relocation of facilities is required as a result of any public project, the City shall provide the greatest practical advance notice to the affected occupants of the public ROW and shall facilitate the greatest reasonable project coordination among the affected occupants, whereas coordinated sequencing dependencies are common. Generally, projects of greater scale and scope will have a longer planning horizon, and commensurate notice. Ten days after notification as outlined in this subsection, the City may remove any communications facilities that obstruct the progress of a public project. All costs associated with any removal or protection of communications equipment shall be the sole responsibility of the provider.
[a] 
The objective of the relocation process recognizes the mutual obligations and responsibilities of the City and the public ROW occupants to avoid or minimize service disruption and to timely and economically complete the public project. Public ROW occupants are obligated to proceed with diligent speed and attention so as to not unreasonably delay or complicate a public project.
[b] 
As general guidance, projects involving a public project of greater than $50,000, or more than 10 utility poles, or more than 1,000 frontage feet of public roadway would be smaller projects; and projects greater than any of the above would be larger projects. A reasonable, general expectation is that smaller projects would provide 90 days' notice, and larger projects would provide 180 days' notice to complete the relocation of the Pubic ROW occupants.
[c] 
Unless otherwise provided by applicable laws, the occupant, at no cost to the City, shall accomplish the necessary relocation within a reasonable time from the date of the notification, but in no event later than seven days prior to the date the City has notified the occupant that it intends to commence its work which mechanically requires the occupant's relocation, or immediately in the case of emergencies. With as much notice as possible, but in no event less than 60 days following written notice from the City, a provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any communications facility within the public ROW 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 public ROW. The City will use its best efforts to accommodate the provider's request for relocation of the communications facility.
[d] 
Except as provided in Subsection B(5)(a)[4][b], the City may not directly or indirectly require an applicant to perform services unrelated to the communications facility or support structure for which approval is sought, such as in-kind contributions, except reserving fiber, conduit or pole space for the City. Notwithstanding the foregoing, an applicant may offer in-kind contributions related to communications facility or support structure for which approval is sought, on a reasonable and nondiscriminatory basis, including by contributing the cash value of an in-kind contribution already provided by another party.
[6] 
In the event of an emergency where any communications facility in the public ROW creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of such communications facility, and charge the occupant for actual and reasonable costs incurred. The City shall engage the emergency contact information of record or best available, if possible for prior notice, and, if not possible because of emergent and imminent danger, shall notify the occupant promptly afterwards.
(b) 
Additional requirements.
[1] 
General. All deployments of communications facilities in the public ROW shall comply with the following:
[a] 
Compliance with ADA and other applicable federal, state and local laws and standards.
[b] 
Pedestrian and vehicular traffic and safety requirements established by the City.
[c] 
Existing public ROW occupancy or management ordinances, not otherwise inconsistent with this chapter.
[2] 
Design standards. All aboveground communications facilities in the public ROW requiring administrative review only shall conform to the following nondiscriminatory design guidelines generally applicable to all facilities in the public ROW:
[a] 
Add shape and other requirements for attachments and ground-based equipment.
[b] 
If the proposal involves collocation on or replacement of a decorative pole, such collocation or replacement must comply with Subsection B(6) below.
[c] 
If the proposal involves attachment to or a new pole or tower on or adjacent to a historic property, consider further requirements.
[d] 
Reasonable public safety standards.
[e] 
Reasonable stealth and concealment requirements that are consistent and set forth in writing, provided that such design standards may be waived by the City upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense.
[f] 
Ground-level cabinets are prohibited in all residential zones. Ground-level cabinets are permitted in nonresidential zones, provided that each ground-level cabinet:
[i] 
Is less than 28 cubic feet in volume.
[ii] 
Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.
[iii] 
Does not inhibit an existing sight triangle or sight distance.
[iv] 
Allows adequate room for the public to pass and repass across the public right-of-way.
[3] 
Additional permits. In addition to obtaining a permit for installation of a communications facility in the public ROW, an applicant must obtain the following additional permits; street opening permit, if applicable; electrical permit; and such other permit as required by the Code of the City of Vineland.
[4] 
Placement of facilities. The City Engineer may assign specific corridors within the public ROW, or any particular segment thereof as may be necessary, for each type of facility that is or, pursuant to current technology, that the City Engineer expects will someday be located within the public ROW. All excavation, obstruction, or other permits issued by the City Engineer involving the installation or replacement of facilities shall designate the proper corridor for the facilities.
[5] 
Mapping data. Applicants shall provide to the City Engineer information indicating the horizontal and approximate vertical location, relative to the boundaries of the public ROW, of all equipment which it owns or over which it has control and which is located in any public ROW. Mapping data shall be provided with the specificity and in the format requested by the City Engineer for inclusion in the mapping system used by the City Engineer.
(c) 
Existing utility easements in the public right-of-way.
[1] 
Applicants will work with the City Engineer to coordinate and protect existing utilities in the public ROW.
[2] 
Applicants will coordinate with the City Engineer all public safety considerations prior to and during installation in the public ROW to ensure public safety response in the case of gas line, water line or electricity disturbance.
(6) 
Attachment to and replacement of decorative poles. Notwithstanding anything to the contrary in this chapter, an applicant may install a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole that is in keeping with the aesthetics of the existing decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following additional requirements:
(a) 
Issuance of a permit under Subsection B(2)(a) above.
(b) 
The attachment and/or the replacement pole is in keeping with the aesthetics of the decorative pole in the judgement of the City.
(7) 
Batch applications. An applicant may submit simultaneously not more than five applications to the City. Alternatively, applicant may file a single, consolidated application covering such facilities.
C. 
Governance of deployment outside the public ROW.
(1) 
Permitted communications facility uses administrative review; application and fees.
(a) 
Permitted use. The following uses outside the public ROW, on privately owned property, shall be a permitted use, subject to administrative review only and issuance of a permit as set forth in this Subsection C(1), and subject to applicant's legal right to install and operate the communications facility on the property or structure:
[1] 
Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request on privately owned property consistent with the height and other limitations set forth in Subsection B(3)(c) above;
[2] 
Modification of a pole, tower or support structure, or replacement of a pole or tower, for collocation of a communications facility on privately owned property (including within a utility easement that contains other existing poles) that qualifies as an eligible facilities request or involves a small wireless facility that does not exceed the limitations set forth in Subsection B(3)(c)[1][a][i] above. All other such modifications or replacements are subject to discretionary review by the appropriate land use board of the City of Vineland;
[3] 
Construction of a new pole (or monopole tower), within a utility easement on which there currently exist adjacent poles that are unavailable for collocation due to structural, accessibility or other reasons, to be used for collocation of a small wireless facility (that does not exceed the maximum height set forth in Subsection B(3)(c)[1][a][i] above), and the new pole (or monopole tower) is similar in design, size and scale to those of the existing, adjacent poles; and
[4] 
Construction of a communications facility, other than those set forth in Subsection C(1)(a)[1], [2] or [3], involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or aboveground between two or more poles or a pole and a tower and/or support structure, and related equipment and appurtenances.
(b) 
Permit required. No person shall place a facility described in Subsection C(1)(a) or perform any construction activities above without first filing an application for same and obtaining a permit therefor, except in the definition of "laws" in Subsection A or as otherwise expressly provided in this chapter.
(c) 
Proprietary or confidential information in application. The City shall make accepted applications publicly available. 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 City shall treat the information as proprietary and confidential, subject to applicable state and local "freedom of information" or "sunshine" laws and the City's determination that the applicant's request for confidential or proprietary treatment of an application material is reasonable.
(d) 
Administrative review application requirements. The application shall be made by the applicable provider or its duly authorized representative and shall contain the following:
[1] 
The applicant's name, address, telephone number, and email address, including emergency contact information of record.
[2] 
A certification by the applicant that it has the legal right to install and operate the communications facility on the property or structure.
[3] 
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.
[4] 
A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed.
[5] 
Detailed construction drawings regarding the proposed facility.
[6] 
To the extent the proposed facility involves collocation 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 collocation or that the pole, tower or support structure will be modified to meet structural requirements in accordance with applicable codes.
[7] 
For any aboveground facilities, visual depictions or representations, if not included in the construction drawings.
(e) 
Ordinary maintenance, repair and replacement. An application shall not be required for ordinary maintenance, repair and replacement, other than to the extent required for applicable permits described in Subsection B(5)(b)[3] above.
(f) 
Information updates. Any material change to information contained in an application shall be submitted in writing to the City within 30 days after the change necessitating the change.
(g) 
Application fees. Unless otherwise provided by applicable laws, all applications for a facility under Subsection C(1) above shall be accompanied by the fees set forth in Subsection B(1)(a).
(2) 
Action on administrative review application.
(a) 
Review of applications for administrative review shall be in conformance with Subsection B(3) herein.
(b) 
Effect of permit.
[1] 
City granted; no property right or other interest created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this chapter, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may own or have other interests in the utility easement or other privately owned property.
[2] 
Duration. Any permit for construction issued under this Subsection C shall be valid for a period of six months after issuance, provided that the six-month period shall be extended for up to two additional three months upon written request of the applicant (made prior to the end of the initial six-month period and prior to the end of the first three-month extension) if the failure to complete construction is delayed as a result of circumstances beyond the reasonable control of the applicant.
(3) 
Eligible facilities requests.
(a) 
Review of eligible facilities requests. Notwithstanding any other provision of this chapter, the City shall approve and may not deny applications for eligible facilities requests within 60 days according to the procedures established under 47 CFR 1.40001(c).
(4) 
Applications requiring discretionary review and approval.
(a) 
Discretionary review required. The following uses on private property including, without limitation, on any utility easement, shall require compliance with, and issuance of a permit under the Code of the City of Vineland:
[1] 
Collocation of wireless facilities that do not qualify as eligible facilities requests.
[2] 
All other uses not expressly set forth or referenced in Subsection C(1)(a) above.
(5) 
Temporary and emergency installations. A deployable may be operated for a period of not more than 60 days, when operated in connection with a special event after issuance by the City of a permit based upon an administrative review only. Deployable operated in conjunction with a special event shall meet reasonable setbacks determined by the City Engineer; shall be subject to receipt of a valid building permit, if applicable; shall meet Uniform Fire Code requirements; and shall be removed within 72 hours of completion of the event.
(6) 
Design standards. All aboveground communications facilities to be installed outside of the public ROW and requiring administrative review only shall conform to the zoning standards of the Code of the City of Vineland for such structures as well as the following standards:
(a) 
Structure classification for existing towers shall be evaluated under the latest version of ANSI/TIA-222.
(b) 
Excluded poles and mitigation approach (including City requirement to "facilitate alternative location recommendation").
(c) 
Default aesthetic approach per facility finished and/or painted and otherwise camouflaged, in conformance with the best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on the surrounding landscape.
(d) 
Default construction approach per facility including powering and metering.
(e) 
Default structural integrity/remediation approach per facility.
(f) 
Default electrical integrity/remediation approach per facility.
(g) 
Default setbacks.
[1] 
Setbacks for ground-mounted equipment.
[a] 
Ground-mounted equipment for wireless facilities, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or tower. Any equipment not used in direct support of such operation shall not be stored on the site.
[b] 
Ground-mounted equipment for wireless facilities must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the City.
(h) 
Lighting and marking.
[1] 
Towers shall not be lighted or marked unless required by, and compatible with requirements of, the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
[2] 
In all districts, appropriate security lighting meeting generally applicable standards for security lighting for the district shall be permitted.
(i) 
Fencing/landscaping/signage.
[1] 
Fencing.
[a] 
Towers shall be secured and enclosed with a fence not less than six feet in height as deemed appropriate by the City.
[b] 
The City may waive the requirement of Subsection C(6)(i)[1][a] above if it is deemed that a fence is not appropriate or needed at the proposed location.
[c] 
For locations where decorative fencing is otherwise required, the City may allow chain-link fence if decorative fence poses a risk for security or vandalism in its sole discretion
[2] 
Landscaping. In all districts, the City shall have the authority to impose reasonable landscaping requirements surrounding any ground-mounted equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The City may choose to not require landscaping for sites where, in the sole judgment of the City, landscaping is not appropriate or necessary.
[3] 
Signage. Signs located shall be limited to ownership and contact information, FCC's "antenna structure registration" information (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.
[4] 
Other decision factors.
[a] 
Collocation analysis.
[b] 
Alternative site analysis.
(7) 
"Dig once" requirements.
(a) 
Requirements for new developments.
[1] 
For all new commercial, residential, mixed use and other significant planned developments, the City's planning department may require that the project developer publicly offer to coordinate with providers who operate, or have applied for, facilities in the City either through the municipal planning/utilities/engineering department or similar process to ensure the public ROW and any planned utility easements are adequate to accommodate the deployment of both aboveground and underground communications facilities. Specifically, planned utility easements should allow for an adequate number of utility poles and other structures, as well as below-ground conduit, to adequately serve current and anticipated communications facilities. Access to easements should be provided to providers on a nondiscriminatory basis and at a reasonable cost, or pursuant to applicable laws.
[2] 
In instances where a project developer chooses to install conduit for below-ground communications facilities, the developer should be required to provide on a nondiscriminatory basis and reasonable cost access to the planned utility easement areas. In addition, access to easements and trenches should be made available to providers as early in the development cycle as possible to minimize installation costs and disruption to residents, businesses, institutions and governments, and their property. The project developer should be encouraged to promote coordination among providers and other utilities so that each can benefit from the other's construction activities to allow timely and efficient access.
[3] 
When constructing roads or public utilities, the City should make open trenches available to providers on a nondiscriminatory basis and at a reasonable cost or pursuant to applicable laws.
(8) 
Violation of this chapter. Violation of any of the provisions of this chapter shall be punishable with a civil penalty of $1,000 for each violation which continues more than 10 days after written notice of such violation is provided to the applicant. Each day, after such notice, that a violation occurs or is permitted to exist by the applicant constitutes a separate offense.
(9) 
Exceptions to applicability of this chapter. Notwithstanding anything to the contrary in this chapter, the following facilities are not subject to the provisions of this chapter:
(a) 
Antennas used by residential households solely for broadcast radio and television reception;
(b) 
Satellite antennas used solely for residential or household purposes; and
(c) 
Television and AM/FM radio broadcast towers and associated facilities.