[Adopted 6-25-1996 by Ord. No. 96-51 (Ch. 413, Art III, of the 1990 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes any street, avenue, park, parkway, highway or other
public place.
The City of Vineland reserves for itself, its
departments and agencies the first right for use of any street within
the municipality's jurisdiction, either above, below or on the surface
thereof. Any person or entity not part of the municipal corporation
shall be required to petition the City for its consent to use or occupy
any street or public right-of-way under the jurisdiction of the municipality
in the manner provided in this article.
A.
No consent shall be granted by the City until a petition
shall have been filed with the City Clerk by the person desiring the
same. The petition shall specify the period for which the consent
is asked and the uses in detail for which the street or public right-of-way
is desired, and whether above, below or on the surface thereof. In
the case of street railway or traction companies, the petition shall
further specify the character of the road proposed to be constructed,
operated and maintained, the motive power to be used thereon and the
streets through which the same shall extend.
B.
The petition shall not be considered by the City Council
of the City of Vineland until public notice shall be given by publication
once a week for at least two weeks in the newspaper designated by
the City Council as the official newspaper of the City and by posting
the notice in five of the most public places in the City for at least
14 days before the meeting of the City Council at which the application
shall be considered.
C.
The notice shall specify the name of the person or
corporation presenting the petition, the date and hour when the same
will be considered by the City Council, the date of filing the same,
the character of the use to which the street or public right-of-way
is to be put and the time for which permission or consent is sought.
In the case of street railway or traction companies, the notice shall
further specify the character of the road proposed to be constructed,
operated and maintained, the motive power to be used thereon and the
street in the municipality through which the same shall extend.
D.
Upon the date fixed by the notice, or upon such subsequent
date as the hearing of the petition may be adjourned, the City Council
may, by ordinance and not otherwise, grant for a period not exceeding
20 years the right to use the street petitioned for. The ordinance
shall not be acted upon by the City Council at the meeting at which
the same is introduced but shall be laid over for not less than 14
days and not passed until a subsequent regular meeting of the City
Council or an adjourned meeting thereof.
E.
The consent granted by the ordinance shall not become
effective unless an acceptance, in writing, of the ordinance shall
be filed by the person applying for consent with the City Clerk within
30 days after receiving notice of the passage of the ordinance and
upon approval of said ordinance by the Board of Public Utility Commissioners
of the State of New Jersey.
A.
As conditions to the granting of consent for the use
of municipal streets and public rights-of-way by the City of Vineland,
the petitioner shall:
(1)
Indemnify and hold the City harmless against all claims
arising from or relating to its use or occupancy of the street or
public right-of-way.
(2)
Maintain insurance in such forms and in such amounts
as may be deemed by the City Council to be reasonable or appropriate,
and the policies for which shall name the City as an additional insured.
(3)
Remove existing lines, systems or facilities which
the user or its predecessors have abandoned.
B.
Any replacement of infrastructure within the public
right-of-way for which consent has been granted for initial installation
shall be in accordance with the original approved plan or the preexisting
utility construction procedures of the City Engineer with respect
to utilization of the public right-of-way.
