[Ord. No. 1298 § 1;
1984 Code Part VI T.35 § 1]
No sidewalks, curb, driveway, gutter or drain across the sidewalk
space shall be laid in any street in the City until a written permit,
signed by the City Engineer, shall have been issued. All such permits
shall be valid for ninety (90) days from the date of issuance.
[Ord. No. 1298 § 2;
1984 Code Part VI T.35 § 2]
Any person desiring a permit required by subsection 18-1.1 shall make an application in writing to the City Engineer on a blank form provided by the City. The application shall specify the location, material and width of the sidewalk, curb, driveway, gutter or drain, and the size of the drain across the sidewalk space.
[Ord. No. 1298 § 3;
1984 Code Part VI T.35 § 3]
The work of constructing, repairing or relaying sidewalks, curbs,
driveways, gutters and drains across sidewalk spaces, shall be done
under the supervision of the City Engineer, and all materials used
and workmanship shall receive his inspection and approval.
[Ord. No. 1298 § 4;
1984 Code Part VI T.35 § 4]
All sidewalks, curbs, driveways, gutters and drains across sidewalk
spaces shall be laid in accordance with lines and grades furnished
by the City Engineer and not otherwise. Lines and grades will be furnished
without the payment of any fee.
[Ord. No. 1298 § 5;
1984 Code Part VI T.35 § 5]
Any sidewalk in any public street which shall be out of line
or grade shall be relaid by the owner of the property within thirty
(30) days after notice from the City Clerk to do so unless the property
owner shall give satisfactory reasons to the Common Council for such
work not being done. The grade of the ground adjoining a sidewalk
shall be maintained sufficiently low on one side to prevent the collection
of water on the sidewalk.
[Ord. No. 1298 § 6;
1984 Code Part VI T.35 § 6]
After laying a curb or sidewalk, all rubbish shall be promptly
removed from the street and the entire space between the curb line
and the property line shall be properly graded. Where a fill is necessary,
the slope on the property side shall begin at the property line and
no portion shall be within the street lines. A one and one half (1 1/2)
horizontal to one (1) vertical slope is recommended for fill.
[Ord. No. 1298 § 7;
1984 Code Part VI T.35 § 7]
a.
Standards and Specifications for Construction of Sidewalks and Curbs,
Etc.
1.
Location. The sidewalk, curb or driveway apron shall be constructed
as shown on the plans or as directed by the City Engineer.
2.
Materials. All sidewalks and driveway aprons shall be concrete; however
the Planning Board in non-single family residential districts may
approve alternate materials having comparable qualities.
3.
Preparing Subgrade. The subgrade shall be prepared so as to conform
to the required line, grade and cross section. It shall be well drained
and compacted to a firm surface having a uniform bearing power. Any
rock or large stone in the subgrade shall be removed and replaced
with good earth thoroughly compacted. Where fill is required only
good earth acceptable to the City Engineer will be permitted, and
shall be compacted in layers not to exceed six (6") inches. The subgrade
shall be wet down so as to be moist immediately before concrete is
placed, but without puddles of water.
4.
Forms.
(a)
Sidewalks: Metal forms and dividers shall be used unless otherwise
permitted by the City Engineer.
(b)
Curbs: Same as sidewalks.
(c)
Driveway Aprons: Wood forms will be permitted with the approval
of the City Engineer.
All forms shall be securely staked and held to the proper line
and grade. Forms shall be cleaned of all mortar and dirt properly
lubricated with a material which will not stain or discolor the concrete.
5.
Joints.
(a)
Expansion joints shall be provided at ends of all intersecting
walks, driveways, around lighting standards, fireplugs or other rigid
objects, or where specified by the City Engineer. When the sidewalk
fills the space between the curb and a building or wall, an expansion
joint shall be placed between the sidewalk and the curb and between
the sidewalk and the building or wall. Expansion joints shall be filled
with an approved nonextrusive pre-moulded joint material one-half
(1/2") inch in thickness, and shall extend through the entire cross-section
of the sidewalk, curb or driveway apron.
(b)
Contraction joints shall be provided at intervals equivalent
to the sidewalk width but not less than four (4') feet. Contraction
joints shall be provided at intervals of ten (10') feet, but not more
than twelve (12') feet for all concrete curbs. Contraction joints
shall be formed by metal dividers one-eighth (1/8") inch in thickness
to the full depth of the sidewalk or curb.
(c)
Corners of all joints shall be finished with a metal edging
tool.
6.
Concrete. Concrete shall be Air-Entrained, Ready-Mixed Concrete and
shall comply with the following specifications:
(a)
Portland Cement Type I or II with an approved Air-Entraining
admixture added to the mixer, or Air-Entraining Portland Cement Type
IA or IIA shall be used for this work except as noted under Cold Weather
Requirements. The minimum cement content shall be six (6) sacks per
cubic yard for concrete sidewalk and seven (7) sacks per cubic yard
for concrete curb. The minimum compressive strength at twenty-eight
(28) days for concrete sidewalk and concrete curb shall be three thousand
five hundred (3500) psi. and four thousand (4000) psi. respectively.
No coloring agents shall be used.
(b)
Concrete for this work shall have a maximum water content of
six (6) gallons per sack of Portland cement, including the free water
contained in the aggregates. The proportion of aggregate to cement
shall be such as to produce a mixture which will work readily into
the forms by the method described below under "Depositing," the consistency
of the concrete being such that a Slump Test made in accordance with
the "Standard Method of Slump Test for Consistency of Portland Cement
Concrete" (ASTM C-143) will produce a maximum slump of two (2) to
three (3) inches. The combined aggregates shall be of such composition
of sizes that when separated on the No. 4 standard sieve, the weight
passing the No. 4 sieve (fine aggregate) shall not be less than thirty
(30%) percent nor greater than fifty (50%) percent of the total. The
maximum size of coarse aggregate permitted shall be one (1") inch.
(c)
The air content of the fresh concrete shall be six (6%) percent
± one (1) by volume.
(d)
Water suitable for drinking shall be considered satisfactory.
Other water may be used only after analysis has proved it free from
harmful materials.
(e)
The concrete producer shall certify the concrete has been furnished
in accordance with aforementioned specifications. He shall also furnish
a statement showing the quantities of materials used in making the
concrete, together with the actual slump and air content.
7.
Depositing and Finishing.
(a)
Concrete deposited in the forms shall be thoroughly tamped and
spaded into place in such a manner that the forms are entirely filled,
and the concrete thoroughly compacted and no honey-combing exists.
(b)
After compacting the concrete in the forms, it shall be struck
off even with the tops of the forms with a screed. The surface shall
then be finished with an aluminum or magnesium float or darby to a
smooth, even, dense finish. For sidewalks or driveway aprons, final
finish shall be made with a soft bristle brush. All edges shall be
rounded with an edging tool. No tool marks are to be left on exposed
edges. As soon as the setting of the concrete will permit the removal
of the forms, as directed by the City Engineer, they shall be removed
and the curing and protection procedures shall be applied.
8.
Curing.
(a)
Concrete shall be cured by covering all exposed surfaces as
soon as practicable with a waterproof paper or polyethylene sheets,
suitably weighted down to prevent evaporation of water in the concrete,
or by spraying on an approved white pigmented curing compound applied
at the rate recommended by the manufacturer. The curing compound and
its rate of application shall be in strict accordance with the manufacturer's
directions and be approved by the Engineer. The waterproof paper or
polyethylene shall remain in place for a period not less than forty-eighty
(48) hours.
(b)
Curing medium shall be applied immediately after finishing operations
are completed. Acceptable liquid curing compounds manufactured by
William G. Grander, Inc., 531 South Ave., Garwood, N.J.; also products
made by Truscon, Master Builders, Servicized Products Corp., Sonneborn—or
equal.
(c)
Products should comply with A.S.T.M. Spec. C-309.
9.
Warm Weather Requirements. In periods of hot weather, low humidity
and/or high winds, the concrete surface shall be protected from rapid
drying with a temporary wet covering applied immediately after screeding.
This cover shall be removed only in sections large enough to permit
active final finishing and curing operations to be carried on. This
temporary wet cover protection shall be discontinued only after curing
medium has been properly applied.
The Engineer shall determine when this protection shall be provided.
10.
Cold Weather Requirements.
(a)
No concrete shall be placed when the air temperature will, in
the opinion of the Engineer, drop to less than thirty-five (35°)
degrees Fahrenheit within three (3) days after the proposed time of
placing unless specifically permitted by and with specific instructions
from the Engineer.
(b)
All concrete ingredients and forms, ground, etc., with which
the concrete is to come in contact, shall be free from frost and ice.
If at any time during the construction the temperature is, or in the
opinion of the Engineer will, within twenty-four (24) hours drop to
thirty-five (35°) degrees Fahrenheit, the water and aggregates
shall be heated. Adequate means shall be taken to maintain a temperature
of the concrete in the forms of not less than seventy (70°)‚
degrees for three (3) days or fifty (50°) degrees for five (5)
days. No dependence shall be placed on salt or other chemicals for
the prevention of freezing. Type II or IIIA cement shall be used when
the air temperature is expected to fall below forty (40°) degrees
Fahrenheit within five (5) days after placing.
11.
Concrete Sidewalk. All concrete sidewalk shall have placed on the
prepared subgrade a base of two (2") inches, when thoroughly compacted,
of clean one (1") inch crushed stone. The concrete shall be not less
than four (4") inches in thickness, except at driveways where it shall
not be less than six (6") inches in thickness. No sidewalk will be
permitted unless it has a minimum width of four (4') feet. Unless
otherwise specified by the Engineer, the grade across the sidewalk
area is to be at the rate of one quarter (1/4) inch per foot sloping
toward the center line of the street or curb.
12.
Concrete Curb.
(a)
All concrete curb shall have a minimum depth of twenty (20")
inches, with a minimum base width of ten (10") inches. The top of
the curb shall have a minimum width of eight (8") inches with a one
(1") inch bevel front and back, and the front edge having a rounded
edge of one (1") inch radius.
(b)
For depressed curbs at driveways, the curb shall have a minimum
depth of sixteen (16") inches in the back and fifteen and one-half
(15 1/2") inches in the front (one and one-half (1 1/2")
inches above the finished street pavement) with a rounded edge of
one (1") inch radius. The base width shall be the same as above.
13.
Concrete Driveway Apron. Whenever new sidewalks shall be constructed
or existing sidewalks shall be reconstructed, and whenever there is
an existing curb, or a curb is to be constructed in conjunction with
the sidewalk driveway, aprons shall be of concrete. All concrete driveway
aprons shall extend from the curb to the sidewalk. No apron shall
be greater than fifteen (15') feet in width without the approval of
the City Engineer.
14.
Bituminous Concrete Driveway Apron. Whenever new sidewalks shall
be constructed or existing sidewalks shall be reconstructed and whenever
there is no existing curb, driveway aprons shall be of bituminous
concrete and shall have placed on the prepared subgrade a base of
five (5") inches, when thoroughly compacted, of crushed stone. The
apron shall be surfaced with two (2") inches, when thoroughly compacted,
of bituminous concrete. All bituminous concrete driveway aprons shall
extend from the gutter line of the pavement to the sidewalk. No apron
shall be greater than fifteen (15') feet in width without the approval
of the City Engineer.
15.
Curb Adjustment Requirements.
(a)
Bluestone, Granite or Granite Block Curb: Must be lowered (not
cut) to a grade one and one-half (1 1/2") inches above the finished
street pavement at the gutter. The lowered curbing shall be set in
six (6") inches of concrete.
(b)
Concrete Curb: Must be removed and constructed as new curb.
When necessary, the end of a curb section may be rounded to eliminate
a sharp corner, or a four (4") inch diameter hole for a leader drain
may be cut through the curb with a sharp chisel and small hammer.
(c)
Under no circumstances, however, shall the cutting of curbing
be permitted horizontally. Where a driveway is to be abandoned, the
lowered curb shall be raised to the established grade and set in concrete.
b.
Specifications for Granite Block Curb.
1.
Granite Block curb shall be constructed to the lines, grades and
dimensions as shown on the plans or where ordered by the engineer.
(a)
Granite blocks shall be of uniform quality, structure and texture
and with a percentage of wear of not more than four and one-half (4.5%)
percent. The blocks shall be dressed so that all faces are approximately
rectangular and so that the blocks can be set with the greatest dimension
vertical with joints not more than three quarters (3/4) of an inch
wide.
(b)
The dimensions of the blocks shall be as follows:
|
Not Less Than
|
Not More Than
| |
|---|---|---|
|
Length
|
Ten (10) inches
|
Twelve (12) inches
|
|
Width
|
Five (5) inches
|
Seven (7) inches
|
|
Depth
|
Four (4) inches
|
Five (5) inches
|
(c)
The blocks shall be all from one (1) quarry and of the same
color and texture. All edges shall be parallel with and at right angles
to each other.
2.
Setting Granite Block Curb.
(a)
The granite blocks shall be set with the greatest dimension
vertical, the next greatest dimension parallel with the line of the
curb, and the least dimension perpendicular to the line of the curb.
(b)
The blocks shall be set in concrete with the same specifications
as for concrete curb and sidewalk, except the minimum cement content
shall be not less than five and one-half (5 1/2) sacks per cubic
yard, and shall have a twenty-eight (28) day compressive strength
of not less than three thousand (3000) psi. The concrete shall be
four (4") inches in depth under the curb for a width of twelve (12")
inches; shall be four (4") inches in width, back to the curb extending
to within four (4") inches of the top of the curb; and shall be four
(4") inches in width in front of the curb extending to within seven
and one-half (7 1/2") inches of the top of the curb.
(c)
All curbing shall be set securely to line and grade and shall
present an even, unbroken line for the entire length of the work.
(d)
Where shown on the plan or where directed by the Engineer, the
curb shall be lowered to within one and one-half (1 1/2") inches
of the surface of the roadway pavement to provide for driveways and
entrances.
(e)
When set in final position, the curb shall have a uniform batter
of one (1") inch per foot.
(f)
The joints between the blocks shall be sealed for the entire
depth below the gutter grade with Cement Mortar.
3.
Additional Requirements. The City Forester will cut and remove any
tree roots that may interfere with the alignment of the curb.
4.
Excavation. The contractor shall remove all large material (greater
than three (3") inches in diameter). The fine material (less than
three (3") inches in diameter) may be placed behind curb to within
three (3") inches of the top of curb.
[Ord. No. 1298 § 8;
1984 Code Part VI T.35; New]
Any person violating any of the provisions of this section shall be liable upon conviction, to the penalty established in Chapter 1, Section 5.
[Ord. No. 1299 § 1]
All curbs shall be maintained and kept by the owner or owners
of the lots in which the sidewalks and curbs front in good and sufficient
repair. In all cases where such installations are not in the condition
required by this section, the owner or owners shall cause the same
to be repaired.
[Ord. No. 1299 § 2]
a.
Whenever it shall become the duty of any owner as set forth in subsection 18-2.1 herein, to repair any curb, or section thereof, the Common Council may, by resolution, cause a notice in writing to be served upon the owners or occupants of the lands, requiring the necessary specified work to the curb to be done by the owners or occupants within a period of not less than thirty (30) days from the date of service of the notice.
b.
Whenever any lands are unoccupied and the owner cannot be found within
the City, the notice may be mailed, postage prepaid to his or her
post office address if the same can be ascertained.
c.
In case the owner is a nonresident of the City or his or her post
office address cannot be ascertained, then the notice may be inserted
for four (4) weeks, once a week, in the Summit Herald, a newspaper
published in the City of Summit.
[Ord. No. 1299 § 3; Ord. No. 2018-3176]
a.
In case the owners or occupant of such lands shall not comply with
the requirements of the notice, it shall be lawful for the Capital
Projects and Community Services Committee of the City upon filing
due proof of the service or publication of the aforesaid notice in
the City Engineer's Office, to cause the required work to be done
and paid for out of the monies of the City available for that purpose.
b.
The cost of such work shall be certified by the City Engineer to
the Receiver of Taxes.
c.
Upon filing the certificate, the amount of the cost of the work shall
be and become a lien upon the abutting land in front of which the
work was done to the same extent that assessments for local improvements
are liens, and shall be collected in the manner provided by law for
the collection of such other assessments, and shall bear interest
at the same rate.
d.
In addition, the City may have an action to recover the amount against
the owner of the lands, in any court having competent jurisdiction
thereof.
e.
A certified copy of the aforesaid certificate shall in such action
be prima facie evidence of the existence of a debt due from the owner
to the City.
[Ord. No. 1299 § 4]
[Ord. No. 2201 § 1
a—c; Ord. No. 02-2537 § 1; Ord. No. 02-2553; Ord.
No. 13-3033; amended 12-19-2023 by Ord. No. 23-3304]
No person or corporation shall open or perform construction
on or in any public street, road, thoroughfare or other highway in
the City of Summit for any reason whatsoever, without having first
applied for and received a permit to do so from the Department of
Community Services.
a.
Such application shall be made in writing to the Director, upon forms
furnished by the department, specifying the nature of the excavation,
the work to be done, the location thereof, the time it will be necessary
for the public roadway to remain open, and such other information
as the department may deem necessary.
b.
The fee for such application shall be as established in Chapter A Schedule of Fees Appendix, Excavation of Streets. Upon receipt of such application and fee, the department shall grant the same, in writing, if it shall appear proper to do so, provided that where such application is made by a Public Utility operating under a municipal consent to open the public streets, no fee shall be required.
c.
A public utility operating under a Municipal Consent to open public
streets shall not be required to post the required deposit if said
utility has posted with the City a performance bond in the amount
of ten thousand ($10,000.00) dollars guaranteeing the restoration
and maintenance of all streets disturbed by the utility, said bond
to be renewed yearly.
d.
The City Engineer, or such other employees as the department director
shall designate, shall be responsible for carrying out the provisions
of this section, except as otherwise noted herein.
e.
On newly paved streets, there shall be a five (5) year restriction
on the issuance of road opening permits. Exceptions shall be granted
for utility emergencies, utility openings that impact the safety and
welfare of property owners, (e.g. generators) or if the applicant
is able to prove undue hardships. Undue hardships shall be approved
at the discretion of the City Engineer. In the event that an exception
is granted during the moratorium, the applicant shall be responsible
to limit the disruption as much as possible, saw cut all excavations,
and restore the trench to its original condition including, but not
limited to the pavement, surface treatments, and striping. All repair
paving shall be completed utilizing infrared technology within one
(1) week of the trench repair. A non-refundable fee of five hundred
($500.00) dollars will be charged to open a road within its moratorium.
The inspection fee would be one hundred fifty ($150.00) dollars and
the trench must be compacted in twelve (12”) inch lifts. A refundable
deposit would still be required in accordance with section b, above.
[Ord. No. 2201 § 1d]
After the underground work has been completed in any opening,
the person or corporation opening any street or highway shall notify
the City Engineer so that proper inspections can be made, and then
approved back fill shall be placed in a maximum of twelve (12) inch
layers and each layer thoroughly tamped. When the trench is filled
within six (6) inches of the top, the remaining six (6) inches shall
be filled with four (4) inches of stabilized base and two (2") inches
of F.A.B.C. #5 to meet the existing pavement.
[Ord. No. 2201 § 1e]
It shall be the duty of any person or corporation using or opening
any of the streets or sidewalks for any of the purposes mentioned
in this section to cause the streets and sidewalks to be left in a
condition satisfactory to the City Engineer, and promptly to restore
the same to as good a condition as before the work was done.
[Ord. No. 2201 § 1f]
In case the person or corporation opening any public highway
in the City shall not restore and maintain the same, including any
pavement which may have been removed, as required by this section
and to the condition in which the person or corporation found the
public highway, before opening the same, then, without notice, in
the case of settlement or other hazardous deterioration or failure
of such opening, and within ten (10) days from the time when directed
to do so by the City Engineer, in the case of repaving such opening,
the Department of Community Services may restore the street to its
former condition. The cost for City labor and materials, including
an administrative surcharge of fifteen (15%) percent, shall be deducted
from the road opening deposit, with the balance thereupon returned
to the applicant. If there are insufficient funds in the deposited
amount, the property owner for whom the work is being undertaken to
open the public roadway shall thereupon become liable to pay the City
of Summit the balance of such cost of any such restoration.
[Ord. No. 2201 § 2]
No person shall obstruct any street or sidewalk with building
materials or equipment without first having applied for and received
a permit to do so and unless no other area is available for the material
and equipment. No work shall be started which would require any of
the following measures without first obtaining approval from the Traffic
Bureau Commander within seventy-two (72) hours of start of work.
a.
Such application shall be in writing and shall be in each form and
shall contain such information as the Construction Official may require.
Upon receipt of the same the Construction Official shall grant the
same in writing, if it shall appear to him proper to do so, but subject
to such limitations and regulations as he may deem necessary, including
provisions for temporary sidewalks, roadways, railings, coverings
over sidewalks and accident insurance.
b.
Not more than one-half (1/2) of the width of the street, in front
of the lot being built upon, shall be closed for any one (1) permit.
c.
A walk in front of buildings being erected shall be kept clear and
unobstructed for a width of at least four (4') feet and the gutter
kept clean.
d.
No operation such as mixing the cement or mortar, which may leave
a permanent stain or disfigurement, shall be carried on upon the surface
of any permanent pavement or sidewalk.
e.
Safety Measures; Standards. Applicant shall provide adequate safety
measures i.e. barricades, cones, signs, lights, flagmen, etc., in
accordance with the standards listed in the manual on Uniform Traffic
Control Devices, for allowing for safe passage of vehicles and pedestrians
and shall meet the City's liability insurance requirements.
f.
Railings or Protective Planking. It shall be the duty of all persons
or corporations who may be engaged in erecting or marking any additions
to any building, or making any excavation or causing any obstruction
of any kind whatever in or upon any street or sidewalk in the City
of Summit, whereby accidents or injuries may be occasioned, to erect
a railing or scaffolding with protective planking at such excavations
or work, in such manner as to prevent accidents or injuries to persons
or property passing through such streets, and to continue to maintain
such railing and scaffolding until such work is completed. Such work
must be prosecuted with diligence and the street restored to traffic
as promptly as possible and in any case within two (2) months from
the beginning of such work, unless further time be granted by the
proper authority.
g.
Lights Required After Sunset. It shall be the duty of all such persons
or corporations to place upon such railing or obstruction, at a time
not later than thirty (30) minutes after sunset of each day, suitable
and sufficient lights, and keep them burning until thirty (30) minutes
before sunrise each night during the continuance of such obstruction.
[Ord. No. 2201 § 3]
All sidewalks shall be maintained and kept by the owner or owners
of the lots on which the sidewalks front, in good and sufficient condition,
even on the surface and so graded as freely to shed water. And in
all cases in which at any time such sidewalk is not in the condition
required by this section such owner or owners shall cause the same
to be replaced to be put in the condition above required.
[Ord. No. 2201 § 3a]
All sidewalks shall be kept clean and neat by the occupant or
owner of the lot or premises in front of which the sidewalks are constructed.
A sidewalk shall be kept free from turf, grass, weeds, stubble, and
other foreign substances. The grass and weeds on either side of a
sidewalk or the traveled portion of any sidewalk shall be kept to
a height not exceeding three (3") inches and all shrubbery and trees
shall be trimmed to a height of not less than eight (8') feet above
the sidewalk and for a width of at least four (4') feet.
[Ord. No. 2201 § 3b; Ord. No. 2016-3108 § 1]
The owner of each and every dwelling, store or other building
or lots of ground in the City of Summit, shall within twenty-four
(24) hours from the end of every fall of snow, or hail, or after the
formation of ice upon the sidewalks, unless ice shall have been covered
with sand or other gritty material, cause the same to be removed entirely
from the paved sidewalk or unpaved area normally used as a walkway
as follows: for a width of at least two (2') feet on a single family
or two (2) family residential lot, and a width of at least four (4')
feet on all other lots.
[Ord. No. 2201 § 3c; Ord. No. 2015-3092; Ord.
No. 2016-3108 § 2]
a.
In all cases where any provision of subsection 18-5.3 has not been complied with, a written or printed notice may be given the owner or tenant, in front of which each sidewalk is located, requiring the owner to cause this section to be complied with within twenty-four (24) hours after the service of such notice. The Summit Police Department or the Division of Code Administration and Economic Development in the Department of Community Services shall have the authority to enforce the provisions of this subsection.
b.
Penalty. Upon failure to comply with such notice, the owner shall
be subject to a fine of a minimum of, fifty ($50.00) dollars, to be
imposed by the Municipal Judge. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
c.
Removal by City. In addition to the penalty herein provided, the
City of Summit may remove such snow, ice, grass, weeds, and impediments
where the owner of any real estate shall fail to remove the same as
provided in this section; the cost for City labor and materials, including
an administrative surcharge of fifteen (15%) percent associated with
the removal of any such snow, ice, grass, weeds, or impediments from
any sidewalk, gutter, or public highway by the City, shall be certified
to the Tax Collector by the Director of the Department of Community
Services with a copy of the certified costs being mailed or provided
to the property owner.
Whenever any person neglects or refuses to remove any snow or
ice which is piled, gathered, or plowed up by him or her, or is allowed
to accumulate in violation of this subsection, within four (4) hours
after a notice to do so by the enforcing authority, the City may remove
or cause to be removed said snow or ice from such street, terrace,
lot or sidewalk and the responsible party shall be liable for the
full cost of removal, pursuant to the provisions of N.J.S.A. 40:65-12.
d.
Owner to Pay Costs of Removal. The Tax Collector shall cause such
cost to be billed to the owner and to be charged against the real
estate so abutting upon such sidewalk, or gutter thereof, and the
amount so charged shall thereupon become a lien and tax upon such
real estate and be added to and be part of the taxes next to be levied
and assessed thereon, and enforced and collected with interest by
the Tax Collector and in the same manner as other taxes are assessed
and collected in the City of Summit.
[Ord. No. 2201 § 4]
No person shall build or maintain a fire of leaves or other
material upon any portion of a street or highway.
[Ord. No. 2201 § 5]
Any person who shall place or throw any paper, rags, straw,
wood, boxes, snow or other article or thing or dump or deposit any
earth, dirt, rubbish, building material, leaves, snow or other article,
except as provided by this section, either upon or in the streets
or highways or upon any sidewalk, or within or upon the rights of
way for any street or highway of the City of Summit, shall be subject
to a fine of a minimum of seventy-five ($75.00) dollars, for each
offense, to be imposed by the Municipal Judge.
[Ord. No. 2201 § 6]
It shall be unlawful for any person to permit the drainage from
any property or private street to carry into or upon any City storm
sewer or any City street or public right of way any stone, sand, gravel,
dirt, soil or other material or debris in such quantities or in such
a manner as will interfere with the proper operation thereof or as
will leave a deposit thereof upon the surface of any street or gutter,
or to cause an accumulation of ice or other hazardous condition.
[Ord. No. 2201 § 7]
[Ord. No. 2201 §§ 8,
9]
a.
Every violation of Sections 18-3, 18-4, 18-5 and 18-6, except as otherwise herein provided, shall be liable to the penalty established in Chapter 1, Section 1-5, to be imposed by the Municipal Judge or other office before whom such conviction may be had. In default of the payment thereof, the person so convicted may be imprisoned in the City or County jail for a term not to exceed thirty (30) days. Each day the violation exists shall constitute a separate offense.
[Ord. No. 2201 § 11]
a.
Any person aggrieved by any action of the Director of Community Services,
City Engineer or Construction Official shall have the right of appeal
to the Director of Administration. The appeal shall be taken by filing
with the City Clerk within thirty (30) days after the notice of the
costs incurred by the City has been mailed to the property owner's
last known address, a written statement setting forth fully the grounds
for appeal. The City Clerk shall set a time and place of hearing for
the appeal, at which time the Director of Administration shall conduct
a hearing and affirm, modify or reverse the action appealed from.
b.
An appeal may be made to the Common Council of the City of Summit
by any person aggrieved by a decision of the Director of Administration.
Such appeal shall be taken by filing with the City Clerk within twenty
(20) days after notice of the decision has been made, a written statement
setting forth fully the grounds of the appeal, along with a fee of
twenty-five ($25.00) dollars. The City Clerk shall set a time and
place of hearing for the appeal, at which time the Common Council
of the City of Summit shall conduct a hearing and affirm, modify or
reverse the decision appealed from.
[Ord. No. 1299 § 3]
No person, firm or corporation shall remove an existing sidewalk
without the permission of the Common Council.
[1983 Code Part VI App M; adopted January 1, 1972; Ord. No. 07-2771 § 1; Ord. No. 11-2949; Ord.
No. 2018-3176; amended 11-18-2019 by Ord. No. 19-3203]
a.
Whenever it is deemed necessary by the Capital Projects and Community
Services and the Safety and Health Committees, at the request of City
of Summit staff, concurred by the Common Council, in the interest
of safety of pedestrians to install new sidewalks, the cost shall
be encumbered by the City.
b.
For all streets within the designated school walking routes, sidewalks
must be installed and maintained continuously from the school property
boundary for a distance of 1/4 mile on a minimum of one side of the
street. The distance shall be measured along the walking route. Once
this criterion has been fully satisfied through sidewalk installation,
the distance shall be increased to 1/2 mile and 3/4 mile, respectively.
c.
For all streets adjacent to the CRBD, sidewalks must be installed
and maintained continuously from the outer limits of the CRBD for
a 1/4-mile radius on a minimum of one side of the street.
e.
For neighborhoods that do not meet the conditions set forth under Subsection b, c and d but desire sidewalks, a signed petition of support must be formally submitted that contains a minimum of 66% of the residents located on the sidewalk-receiving side of the street. If support is obtained, the project would then be considered for the next annual pedestrian safety improvement project and funded by the City.
[Ord. No. 2405 § 1]
A standard road shall include pavement, curbing, all utilities
and storm water drainage, all in conformance with the standards and
specifications established in this section.
[Ord. No. 2405 § 1]
Roads not meeting the requirements of a standard road according
to present specifications generally fall into one (1) of the following
classifications:
a.
Private Road — Has not been dedicated.
b.
"Paper Street" — Dedicated street, but no development or improvements
made.
c.
Dirt Roads, Property Underdeveloped (Dedicated Streets) — No
buildings or structures existing and has no pavement.
d.
Dirt Road, Property Developed (Dedicated Street) — All lots
essentially built upon, but has no pavement.
e.
Substandard Road (Dedicated and Accepted) — Pavement and generally
no curbs. May or may not have standard storm drainage facilities.
[Ord. No. 2405 § 1]
a.
Private Road. Abutting property owners shall be responsible for all
improvements required to make road conform to standard road. In the
event an offer is made to dedicate the road to public use, it shall
remain the responsibility of the abutting owners to make all necessary
improvements.
b.
Paper Street. The developer shall be responsible for all improvements.
c.
Dirt Road, Property Undeveloped. The developer shall be responsible
for all improvements.
d.
Dirt Road, Property Developed. Abutting property owners shall be
responsible for the entire cost of the curb. All other costs including,
but not limited to, pavement, storm drainage, tree removal, and driveways
aprons shall be borne equally (50%/50%) by the property owners and
the City. The portion of the cost of the improvements to be borne
by the property owners may be assessed on the basis of benefits derived.
e.
Substandard Road. Responsibility same as paragraph d above. This
category shall also cover the case of the individual property owner
who wishes to install curbing in front of his own property. The owner
shall be billed for one-half (1/2) of the cost of the extension of
the pavement.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Purpose. The purpose of this section is to establish uniform standards,
policies and procedures for the deployment and installation of small
wireless facilities in public rights-of-way within the City's
jurisdiction to promote the public health, safety and welfare as well
as preserve the integrity, safe usage, functionality and visual qualities
of the rights-of-way and the City as a whole.
b.
Intent. It is the City's intent by the enactment of this section
to create procedures and standards for the review, implementation
and mitigation of impacts of small wireless facilities, including
without limitation, to:
1.
Promote the management and maintain the availability of public rights-of-way
recognized as a limited public asset;
2.
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
3.
Prevent the creation of visual and physical obstructions, clutter
and other conditions that are hazardous to vehicular and pedestrian
safety by minimizing the number of poles and equipment located in
public rights-of-way;
4.
Prevent interference with existing facilities and operations of facilities
lawfully located in public rights-of-way or on public property;
5.
Ensure reasonable efforts are made to preserve the character of the
City's mature and well-established neighborhoods in which facilities
are installed;
6.
Minimize impacts and detriments to the historic character of the
City, including the historic Downtown, which is a registered National
and State Historic District;
7.
Protect against environmental damage, including damage to trees;
and
8.
Facilitate the appropriate deployment of small wireless facilities
to provide the benefits of reliable access to wireless telecommunications
technology, broadband and emergency services to homes, businesses,
schools and other establishments within the City.
c.
Conflicts with Other Chapters. This section supersedes all chapters
or parts of chapters of the Code of the City of Summit adopted prior
hereto that are in conflict herewith, to the extent of such conflict.
d.
Exclusion of Private Property. Nothing in this section shall be construed
as affecting the obligations of public utilities to private property
owners pursuant to N.J.S.A. 48:7-1 respecting the erection or maintenance
of facilities, poles or other equipment on private property.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Any approval received pursuant to this section does not relieve the
applicant from receiving consent from the owner of the land on, above
or below which an applicant's facility may be located as may
be required under New Jersey law, or the owner of any existing pole
on which the facility may be mounted.
b.
Applicants must, in addition to entering into a right-of-way use
agreement, also receive all necessary street opening permits, construction
permits and any other requirement set forth in the Revised General
Ordinances of the City of Summit, or by other governmental agencies
or state statutes.
c.
Applicants must comply with all applicable federal, state and local
regulations.
d.
Any agreement entered into pursuant to this Section shall not supersede
or in any way take the place of any local approvals or franchises
which otherwise in the future may be required by the applicant under
the New Jersey Cable Television Act, N.J.S.A. 48:5A-1 et seq.
e.
Wireless providers and/or their successors or assigns shall be responsible
for the complete and immediate maintenance, repair and restoration
of the occupied space and any impacted poles, spaces or fixtures.
Failure to comply with this requirement shall result in the necessary
maintenance, repair, restoration and/or removal of such facilities
conducted by the City at cost to the wireless provider, successor
or assign, as applicable.
[Added 12-5-2023 by Ord.
No. 23-3303]
As used in this section, the following terms shall have the
meanings defined herein:
An apparatus designed for the purpose of emitting radio frequency,
to be operated or operating from a fixed location pursuant to Federal
Communications Commission authorization, for the provision of personal
wireless service and any commingled information services. "Antenna"
shall not include an unintentional radiator, mobile station, or device
authorized pursuant to 47 C.F.R. Part 15.
Equipment, switches, wiring, cabling, power sources, shelters,
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as the antenna.
An antenna and associated antenna equipment. Antenna facility
includes small wireless facilities. An antenna facility shall not
include:
The cost of processing an application for a right-of-way
use agreement including, but not limited to, all professional fees
such as engineering, attorney and administrative costs incurred by
the City.
A small box-like or rectangular structure used to contain
and conceal utility or wireless service from within the municipal
right-of-way.
A utility pole owned or operated by the City of Summit in
the public rights-of-way including utility poles that provide lighting
or traffic control functions such as light poles, traffic signals
and structures for signage and poles or similar structures owned operated
by the City of Summit in the rights-of-way that supports only wireless
telecommunications facilities.
Mounting or installing an antenna facility and/or equipment
on a pre-existing pole or structure; or modifying a structure for
the purpose of mounting or installing an antenna facility on that
structure.
The equipment and network components that provide communications
services, including wires, cables and associated facilities used by:
a cable operator, as defined in 47 U.S.C. s.522; a telecommunications
carrier, as defined in 47 U.S.C. S.153; a provider of an information
service, as defined in 47 U.S.C. s.153; or wireless service provider,
as defined pursuant to this section.
Cable service, as defined pursuant to 47 U.S.C. s.522, as
amended; information service, as defined pursuant to 47 U.S.C. s.153,
as amended; telecommunications service, as defined in 47 U.S.C. s.153,
as amended; mobile service, as defined pursuant to 47 U.S.C. s.153,
as amended; or wireless service other than mobile service.
A pole that is designed and placed to entirely conceal all
components of a small wireless facility or facilities, public wi-fi
and/or surveillance cameras, which allows for collocation of multiple
carriers and blends harmoniously within the context of the surrounding
neighborhood.
A pole that is in lawful existence within the public right-of-way.
An antenna facility or a structure that is used for the provision
of personal wireless service, whether the personal wireless service
is provided on a stand-alone basis or collocated with other wireless
communications services.
A cabinet that is not attached to an existing pole and is
touching or directly supported by the ground.
A building, structure, property or site that are either:
Listed on the National Register of Historic Places or formally
determined eligible for listing by the keeper of the National Register
of Historic Places, the individual delegated the authority pursuant
to 47 C.F.R. Part 1, Appendix C; or
Listed on the New Jersey Register of Historic Places; or
Listed on the City of Summit's Register/Inventory of Historic
Buildings, Properties, Landmarks or Sites as may be amended from time
to time.
The process of ensuring that a pole is in suitable condition
to receive a small wireless facility and associated antenna equipment.
An antenna facility that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height,
and that has an exterior antenna, if any, no longer than 11 inches.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the City as an easement or in
fee simple ownership. This term also includes rights-of-way held by
the County of Union in Summit where the City's approval is required
for the use of same pursuant to N.J.S.A. 27:16-6. This term shall
not include private roadways.
A long, slender, rounded piece of wood, concrete or metal
in the public right-of-way that is or may be used in whole or in part
by or for wireline communications, electric distribution, lighting,
traffic control, signage, or a similar function, or for the collocation
of small wireless facilities. "Pole" shall not mean a: tower, either
guyed or self-supporting, built for the sole or primary purpose of
supporting wireless equipment other than a small wireless facility;
building; billboard; or electric transmission structure.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the City setting forth applicant's
compliance with the requirements of this section.
A pole, antenna, cabinet or assemblage of devices intended
and designed to provide wireless communication services within the
City of Summit.
A facility that meets each of the following conditions: the
facility is mounted on a structure 35 feet or less in height, including
the antenna or is mounted on a structure no more than 10% taller than
other adjacent structures or does not extend existing structures on
which they are located to a height of more than 35 feet or by more
than 10%, whichever is greater; each antenna associated with the deployment,
excluding associated antenna equipment, is no more than three cubic
feet in volume; all other wireless equipment associated with the structure,
including wireless equipment associated with the antenna and any pre-existing
associated antenna equipment on the structure, is no more than four
cubic feet in volume; the facility does not require antenna structure
registration under 47 C.F.R. Part 17; the facility is not located
on tribal lands, as defined pursuant to 36 C.F.R. s.800.16; and the
facility does not result in human exposure to radio frequency in excess
of the applicable safety standards specified pursuant 47 C.F.R. s.1.1307.
Existing poles within the same right-of-way which are located
within 500 linear feet of the proposed pole. Poles carrying electric
transmission lines shall not be considered part of the "surrounding
streetscape."
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, wireless or cable service.
An above-ground or underground wireline facility used to
transport communications data or other electric communications from
an antenna facility to a communications network, a physical transmission
path, all or part of which is within the right-of-way, used for the
transport of communications services or other electronic communications
by wire from an antenna facility to a communications network.
Equipment at a fixed location that enables wireless telecommunications
between user equipment and a communications network, including: 1)
equipment associated with wireless telecommunications; and 2) radio
transceivers, antennas, coaxial, fiber-optic and other cables, regular
and backup power supplies and comparable equipment, regardless of
technological configuration. The term includes small wireless facilities.
The term does not include the structure or improvements on, under
or within which the equipment is collocated.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Establishment of Right-of-Way Use Agreement. The Summit Common Council
may adopt a standard agreement form authorizing use and occupancy
of City streets with telecommunications facilities, which agreements
shall satisfy the requirements of this section. The City, subject
to any necessary action that may be required under State or federal
law, may execute an agreement with any person or entity in substantially
the approved form. Modifications that limit the scope of the grant
are not considered substantial.
b.
Exclusive Agreements/Access Prohibited. No contract, permit or agreement
given by the City under this Section shall be interpreted to grant
any person or entity a master licensing agreement ("MLA") or an exclusive
franchise, license, consent, permit or final approval for access and
use of City streets. Similarly, no person or entity owning, managing
or controlling a wireless pole, cabinet or facility in the right-of-way
may enter into an exclusive arrangement with any person or entity
for the right to use, attach or collocate to the pole, cabinet or
facility.
c.
Provision of Video Services. Where a person or entity seeks to provide
video services, they must separately obtain a franchise with the City
as provided under federal, State and local laws governing the provision
of video services.
d.
Agreement Required. No person or entity shall operate or place any
type of pole-mounted antenna or other telecommunications equipment
within the City rights-of-way without first entering into a right-of-way
use agreement pursuant to the provisions of this Section. Application
forms, to the extent that they are adopted by the Common Council,
will be on file with the Office of the City Clerk and/or posted on
the City website and may be amended or replaced at any time. In the
absence of such form, applicants shall submit a letter addressed to
the City Clerk requesting an agreement for use and occupancy of the
City right-of-way or other public location(s), identifying, at a minimum,
the information provided in subsection 18-13.4K below, as applicable.
e.
Collocation.
1.
The wireless provider has the right to collocate subject to reasonable
terms and conditions, including the right to mount antenna equipment
on an existing pole; and
2.
That collocation shall not impose substantial technical limitations
or significant additional costs. The wireless provider shall certify
that it has made such a determination in good faith, based on the
assessment of a licensed engineer, and shall provide a written summary
of the basis for that determination for consideration.
3.
Any applicant for a right-of-way use agreement shall, as a condition
to the issuance of same, permit the collocation of pole-mounted antennas
onto any new pole to the maximum amount that collocation is technically
feasible which, in any event, shall accommodate not less than three
wireless providers.
f.
Installation of New Poles. Applications for the installation of new
poles to accommodate small wireless facilities shall be governed by
the following:
1.
Applicants proposing the installation of new poles to accommodate
small wireless facilities in the CRBD, B, B-1, GW-1, GW-2, LI, NB,
PI, PL, PROD, PROD-2 and RO60 Zones shall demonstrate it has exhausted
all reasonable options to attach such facilities to existing structures
such as public parking structures, building rooftops, etc. In all
other zones, applicants proposing new poles shall demonstrate with
supporting scientific evidence that it cannot meet its wireless service
objectives by collocating on an existing pole or other structure.
2.
All newly installed poles shall be concealment poles which must be
able to accommodate the collocation of at least three wireless providers
and make-ready capability for City use.
g.
Installations and Activities Requiring Approval. City approval shall
be required for the following:
1.
The installation or collocation of a small wireless facility not
subject to the provisions of P.L. 2011, c. 199 (C. 40:55D-46.2);
2.
The mounting or installation of a small wireless facility on a new,
modified or replacement pole;
3.
The installation, modification or replacement of a pole or antenna
equipment; and
4.
Work that requires excavation or closure of sidewalks or vehicular
lanes within the right-of-way.
h.
Exemptions. Right-of-way use agreements shall not be required for
the following:
1.
Routine maintenance;
2.
The replacement of a small wireless facility or antenna equipment,
provided the replacement small wireless facility or antenna equipment
is substantially similar to, or the same size as, or smaller than
the original small wireless facility or antenna equipment and continues
to meet all other requirements of the original agreement; and
3.
The installation, placement, maintenance, operation or replacement
of a micro wireless facility that is suspended on cables that are
strung between existing poles, in compliance with the applicable codes
and continues to meet all other requirements of the original agreement.
i.
Comprehensive Plan. Wireless providers applying for the installation
or collocation of new small wireless facilities shall submit a comprehensive
plan in narrative and map form describing the proposed location(s)
of service coverage and individual small wireless facilities, including
any new poles and equipment. Applications for individual small wireless
facilities to meet service area needs may be submitted once the provider's
comprehensive plan has been approved by the City.
j.
Approval Period. Right-of-way use agreements shall remain valid for
a period not to exceed one year, which must be renewed for equivalent
durations so long as the facilities comply with the original approval
conditions, requirements of this Section and applicable federal, State
and local regulations and codes.
k.
Agreement Requirements. The terms of agreements for small wireless
facilities shall include, at a minimum:
1.
Name of applicant and consultant representing the applicant, as applicable;
2.
Status of applicant (i.e. corporation, general partnership, limited
partnership, etc.);
3.
Applicant's and consultant's address, telephone number
and email address indicating specific points of contact;
4.
Written general description of the proposed work, including the purpose
of the work. The description shall include technical specifications,
a map or other overlay showing the location(s) of proposed facilities,
existing streetscape or structure, proposed streetscape or structure
after installation of the proposed facilities and description of proposed
materials and equipment including color, design and dimensions.
5.
A copy of any authorization, if required by state law, necessary
for the provider to act as a public utility according to the statutes
of the State of New Jersey regulating public utilities;
6.
If the applicant is not the owner/operator of the pole or cabinet
in question, written approval from the owner/operator for the proposed
use shall be submitted;
7.
A term of agreement not to exceed one year;
8.
Reasonable insurance requirements;
9.
Fine(s) for unauthorized installations;
10.
A reference to the siting standards as set forth in this section
and demonstration of compliance thereof;
11.
A request of any specific changes or waivers from the City's
application or installation requirements with detailed explanations
for each request;
12.
A construction, performance and completion bond in the amount of
$1,000 for each new pole to ensure the installation and removal of
abandoned or unused wireless facilities or poles or repair of damage
to the right-of-way caused by the wireless provider or its agent.
13.
If the applicant claims that an application must be acted on within
a specified period of time, the application shall identify the period
of time and the statute or regulation upon which the claim is based;
14.
Attestation by the applicant that the wireless facility shall be
operational within one year of City approval.
15.
A wireless provider that owns or operates wireless facilities or
public utility poles or equipment in the right-of-way shall indemnify,
protect, defend and hold the authority and its elected officials,
officers, employees, agents and volunteers harmless against any and
all claims, lawsuits, judgments, costs, liens, losses, expenses, fees
or suits.
16.
Demonstration that the wireless facilities shall comply with all
applicable building and safety codes.
17.
RF (radiofrequency) calculations demonstrating the totality of wireless
equipment and collocations at or on any individual site, pole or other
structure is within the acceptable maximum limitation as prescribed
by Federal or State government, whichever is more stringent.
18.
Any other items or information which may be required by the approving
authority.
[Added 12-5-2023 by Ord.
No. 23-3303]
The City of Summit will not grant rights and privileges to use
the public right-of-way to any person or entity that is not authorized
to do business in the State of New Jersey as evidenced by an original
Certificate of Incorporation and/or a Certificate of Good Standing
from the Secretary of the State of New Jersey.
[Added 12-5-2023 by Ord.
No. 23-3303]
Without limitation, in addition to any grounds the City may
specify in its review of any application for the use of its rights-of-way,
if, by the date the City is required to act on an application, as
that date may be extended, an agreement has not been signed by all
parties, the application shall be denied without prejudice for applicant's
failure to timely enter into an agreement with the City. Nothing contained
herein shall prohibit the applicant from waiving application of any
time-for-decision in order for any application to be reviewed for
completeness and decided on the merits.
[Added 12-5-2023 by Ord.
No. 23-3303]
Notwithstanding any franchise or right-of-way agreement to the
contrary, all antennas, poles, cabinets and equipment proposed to
be placed within the City right-of-way by a utility regulated by the
Board of Public Utilities, or any other entity with legal access to
the City right-of-way, shall be subject to the standards and procedures
set forth in the Revised General Ordinances of the City of Summit
and shall require permits for the siting of such facilities and equipment.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Agreement Required. No pole or antenna shall be installed within
the municipal right-of-way without first obtaining a right-of-way
use agreement in accordance with this section.
b.
Siting Prioritization.
1.
The City of Summit requires that applicants for the installation
for small wireless facilities in the public rights-of-way must first
exhaust alternatives to site such facilities on existing public or
private structures not in the public right-of-way such as on top of
parking structures or buildings where such facilities can be concealed.
Applicants shall provide a comprehensive plan, narrative and technical
supporting documentation demonstrating why and where some or all of
the proposed small wireless facilities should be located in the right-of-way.
Such information shall demonstrate the infeasibility of locating small
wireless facilities on existing structures and/or why the proposed
location(s) within the right-of-way presents a better alternative
from a service, functional, safety and aesthetic perspective. Any
claim of "technical incompatibility" or similar as a justification
for proposed wireless facility siting shall require scientific demonstration
to support such claim.
2.
The City shall reserve the right to consult with a technical expert
on such matters in the review of small wireless applications with
all reasonable costs for such review assessed to the applicant. Ultimately,
the City reserves the right to assign the locations of small wireless
facilities when multiple siting alternatives are feasible and practical,
and where such regulation is not otherwise prohibited by State or
Federal law. This may include a master plan specifying the approved
locations of small cell wireless facilities which shall be in effect
if adopted by the Common Council.
3.
For an individual wireless provider, no more than one wireless installation
shall be permitted per block.
c.
Siting Requirements. Small wireless facilities, antennas, equipment,
and poles collocated or installed pursuant to this section shall be
installed and maintained as not to obstruct or hinder the usual travel
or public safety in a right-of-way or obstruct the legal use of a
right-of-way by a public utility.
1.
Poles.
(a)
All new poles intended to accommodate small wireless facilities
in the CRBD, B, B-1, GW-1, GW-2, LI, NB, PI, PL, PROD, PROD-2 and
RO60 Zones shall be a smart pole pre-approved by the City.
(b)
Where feasible, new smart poles shall replace existing poles
to minimize the number of poles in the right of way.
(c)
Poles in the Historic Downtown shall be of a pre-approved lighting
fixture or other City approved fixture or pole intended to match existing
fixtures, which shall be installed in place of an existing fixture.
(d)
In all other zones, antennas and equipment shall be located
on existing poles.
(e)
New or replacement poles shall not be located in conflict with
previously approved sidewalk cafe areas or other existing facilities
in the right-of-way.
2.
Height. The following height restrictions shall apply to wireless
facilities in the right-of-way:
(a)
Other than pre-approved smart poles, no pole shall be taller
than 35 feet or 110% of the average height of poles within 500 feet
of the new, replaced or modified pole, whichever is greater.
(b)
A new small wireless facility installed in a right-of-way may
not extend more than 10% above the existing structure on which they
are located or 35 feet above ground level, whichever is greater.
3.
Location, Safety and Aesthetics. Poles erected in the right-of-way
shall adhere to the following requirements:
(a)
The pole is used to bring wireless communication across the
right-of-way to an existing or proposed small cell installation; or
(b)
The pole is replacing an existing pole; or
(c)
The pole is to provide wireless communication service; and
(d)
No pole shall be placed farther than 18 inches from the curb
line measured as the shortest distance between the nearest edge of
the curb line and side of the pole; and
(e)
For sites in residential zones and for sites in rights-of-way
located immediately adjacent to residential zones, the pole shall
be located at least 200 linear feet from any other existing pole or
proposed pole along the same side of the street, or for sites in nonresidential
zones and for sites in rights-of-way located immediately adjacent
to nonresidential zones, the pole shall be located at least 100 linear
feet from any other existing pole or proposed pole along the same
side of the street provided that the site is not located within a
right-of-way which also abuts a residential zone; and
(f)
The pole is not located in an area with underground utilities;
and
(g)
Does not inhibit any existing sight triangles or sight distance;
and
(h)
Is not located in an area that directly obstructs the view from
the front window of an existing home; and
(i)
Allows adequate room for the public to pass and re-pass across
the municipal right-of-way; and
(j)
Is finished and/or painted, constructed and otherwise camouflaged,
in conformance with best available stealth technology methods, so
as to blend in compatibly with its background and so as to minimize
its visual impact on surrounding properties, and to permit the collocation
of additional pole-mounted antennas thereon, and
(k)
Has been approved by the City Department of Community Services
("DCS").
(l)
New poles and equipment shall be located to avoid damage to
existing trees in consultation with the City Forester, as determined
to be applicable.
(m)
Small wireless facilities, antennas, equipment and poles collocated
or installed pursuant to this Section shall be installed and maintained
as not to obstruct or hinder the usual travel or public safety in
a right-of-way or obstruct the legal use of a right-of-way by a public
utility.
(n)
Construction and maintenance by wireless providers shall comply
with the National Electrical Safety Code, published by the Institute
of Electrical Engineers, and all applicable laws and regulations for
the protection of underground, ground-level and overhead public utility
facilities.
(o)
For applications for new poles in the right-of-way in areas
zoned for residential use or in a designated historic district, the
City may require an alternate location in the right-of-way within
100 feet of the location(s) proposed in the application, and the wireless
provider shall use the City's alternate location unless the location
imposes technical limits or significant additional costs. The wireless
provider shall certify that it has made the determination in good
faith, based on the assessment of a licensed engineer, and it shall
provide a written summary of the basis for that determination for
consideration.
4.
Design Requirements.
(a)
All replacement poles shall be treated as new poles.
(b)
All poles shall be structurally rated to accommodate the collocation
of small wireless facilities.
(c)
Design or concealment features shall not be considered part
of the small wireless facility for purposes of the size parameters
in the definition of 'small wireless facility'.
(d)
Any specific requirements imposed by the City relating to the
design or placement of small wireless facilities will be reasonable,
non-discriminatory and objective.
(e)
All wireless facilities in the public right-of-way shall be
fully concealed in a manner approved by the City. The accepted form
of design, concealment and/or stealth camouflage for wireless facilities,
poles and equipment in the right-of-way shall be at the sole discretion
of the City. External radios, antennas, cables, etc. are prohibited.
(f)
All poles shall be of a uniform design theme as approved by
the City of Summit.
(g)
Signage and advertising on wireless equipment, facilities and
or structures in the right-of-way is prohibited.
(h)
All new poles shall be designed to accommodate at least three
wireless providers.
(i)
All new poles shall be designed to accommodate "make-ready"
municipal connectivity.
d.
Ground-level or ground-mounted cabinets and equipment are prohibited.
e.
Pole-mounted antennas, including small wireless facilities, siting
requirements.
1.
Pole-mounted antennas are permitted on existing poles in all zones,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished, painted, concealed and/or otherwise camouflaged,
in conformance with best available stealth technology methods, to
blend in compatibly with its background and to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
2.
The City may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna and the structure on which is proposed to
be mounted.
f.
Roof Mounted Equipment.
1.
The installation or collocation of small wireless facilities on building
or structure facades is prohibited.
2.
The installation or collocation of small wireless facilities on the
roof or top of a public building or structure shall be fully concealed
and not visible to the public.
3.
Small wireless facilities on the roof or top of a public building
or structure must be placed on the flat roof area of a building at
least 35 feet or taller and fully screened from public view.
g.
Ancillary Equipment. The applicant shall specify and depict the size,
design, finish and proposed location(s) of any and all ancillary equipment
or support structures associated with a proposed pole wireless facility
in the right-of-way. Approval of the quantity, location, size, design
and finish of ancillary equipment or support structures shall be at
the sole discretion of the City.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Repair of Damage. A wireless provider shall repair all damage to
a right-of-way or other public property caused by the activities of
the wireless provider and return the right-of-way to its functional
and aesthetic equivalence prior to the damage, pursuant to the competitively
neutral, reasonable requirements and specifications of the City. If
the wireless provider fails to make the repairs required by the City
within a timely manner after written notice, the City shall make those
repairs and charge the applicable party the costs associated with
the repairs.
b.
Pole Replacement. A wireless provider shall not be required to replace
or upgrade an existing pole except for reasons of structural necessity
or compliance with applicable codes. A wireless provider, may, with
the permission of the pole owner, replace or modify the existing pole,
but any replacement or modification shall be consistent with the design
aesthetics of the pole being modified or replaced.
c.
Abandonment of Facility or Pole. A wireless provider shall notify
the City at least 30 days prior to the abandonment of a small wireless
facility, pole or equipment. Following receipt of notice, the City
shall direct the wireless provider to remove any and all facilities
and equipment not being utilized or having received approval. If the
wireless provider fails to notice or remove the abandoned small wireless
facility within 90 days after notice, the City may undertake to remove
the small wireless facility and equipment and recover the actual and
reasonable expenses of the removal from the wireless provider, its
successors, or assigns.
d.
Time for Completion. Installations, mountings, modifications, replacements
and collocations for which approval is granted pursuant to this section
shall be completed by the applicant within one year after the City
approval date unless the City and the applicant agree to extend this
period, or a delay is caused by the lack of commercial power or communications
facilities at the site.
e.
Activities Limited to Authorization. A small wireless facility authorized
by the City shall allow the applicant to conduct only certain activities
in accordance with this section and agreement between the City and
applicant and does not create a property right or grant authority
to the applicant to impinge upon the rights of others who may have
an interest in the rights-of-way.
f.
Emergency Removal or Relocation. The city retains the right and privilege
to cut or move a small wireless facility located within the rights-of-way
of the City, as the City may determine to be necessary, appropriate
or useful in response to any public health or safety emergency. If
circumstances permit, the City shall notify the wireless telecommunications
provider and provide the wireless telecommunications provider an opportunity
to move its own facilities prior to cutting or removing a facility
and shall notify the wireless telecommunications provider after cutting
or removing a small wireless facility.
g.
Notice of Construction. Within 90 days following written notice from
the city, the wireless provider and/or pole operator shall, at its
own expense, protect, support, temporarily or permanently disconnect,
remove, relocate, change or alter the position of any small wireless
facility within the right-of-way whenever the City has determined
that such modification is 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 rights-of-way.
h.
Make-Ready Work. Any make-ready work to City-owned poles shall be
performed by the provider or its qualified contractor.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Pre-Application Meeting. Prior to making a formal application with
the City for use of the municipal right-of-way, all applicants are
required to meet with the Department of Community Services to review
the scope of the applicant's proposal.
b.
Application Review. Applications will be processed in accordance
with applicable law and may be rejected if incomplete. Where an applicant
is not willing to enter into the template agreement, the City may
deny the application, or recommend an alternative agreement to the
City where applicant has shown good cause for modifying the agreement.
Provided that applicant may be required to pay additional fees reflecting
the costs to the City consistent with the provisions of paragraph
c of this subsection.
c.
Application Completeness. The reviewing City Official or designee
shall determine and notify the applicant in writing whether the application
is complete within 10 calendar days. If an application is incomplete,
the City Official or designee shall specifically identify the missing
information in writing. The processing deadline shall restart on the
date the applicant provides the missing information to render to the
application complete.
d.
Application Review Period. Applications shall be deemed approved
if the City fails to approve or deny the application within:
1.
Sixty days of receipt of an application involving collocation of
a small wireless facility using an existing structure; and
2.
Ninety days for an application involving deployment of a small wireless
facility using a new or replacement pole.
3.
If the City provides written notification to the applicant within
10 days of receiving an application certifying that it is experiencing
an unusually high overall level of application activity or other circumstances
beyond the authority's control that prevents the authority from
reviewing and processing the application by the deadline, the processing
deadline may be extended automatically an additional 30 days.
4.
The processing deadline may be tolled by agreement of the applicant
and the City.
e.
Consolidated Applications. A consolidated application that includes
a new or replacement pole shall be subject to a maximum ninety-day
review period.
f.
Common Council Review. The City of Summit Common Council shall, by
resolution, approve or disapprove every small wireless facility application
based on the recommendations provided to it pursuant to paragraph
i below.
g.
Compliance with Applicable Regulations. All applications made under
this section which trigger Federal Communications Commission shot
clock rules pursuant to the Federal Communications Commission Order
entitled "Accelerating Wireless Broadband Deployment by Removing Barriers
to Infrastructure Investment; Accelerating Wireline Broadband Deployment
by the Removal of Barriers to Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84 shall be processed on an expedited
basis.
h.
Survey Required. Every application for a proposed pole must include
a stamped survey prepared by a New Jersey licensed surveyor demonstrating
that any such proposed pole is located within the municipal right-of-way.
An application which does not include such a survey shall immediately
be deemed incomplete.
i.
Administrative Review and Recommendation. The City Engineer or their
designee shall review applications made pursuant to this section and
advise the Summit Common Council of his or her recommendation to approve
or disapprove same. If he or she recommends that an application be
disapproved, the factual basis for that recommendation must be transmitted
to the Summit Common Council in writing.
j.
Basis of Application Denial. Applications for collocation, mounting
or installation of a wireless facility on a new or replacement pole,
or the installation or replacement of an associated pole or antenna
equipment shall be denied if the City finds the proposed work:
1.
Interferes with the safe operation of traffic control equipment;
2.
Interferes with sight lines or clear zones for transportation or
pedestrians;
3.
Interferes with compliance with the federal "Americans with Disabilities
Act of 1990" (42 U.S.C. s.12101 et seq.), or similar federal or State
standards regarding pedestrian access or movement;
4.
Fails to comply with reasonable and non-discriminatory horizontal
spacing requirements of general application adopted by ordinance that
concern the location of ground-mounted antenna equipment and new poles
and which shall not precent a wireless provider from serving any location;
5.
Designates the location of a new pole for the purpose of mounting
or installing a small wireless facility within seven feet in any direction
of an electrical conductor, unless the wireless provider obtains written
consent of the public utility that owns or manages the electrical
conductor; or
6.
Fails to comply with applicable codes including the requirements
set forth in this section.
k.
Notification of Denial. If the Summit Common Council denies any application
made under this section, it shall do so in writing and set forth the
factual basis therefor.
l.
Document Basis of Denial. The reviewing authority shall document
the basis for an application denial and send the documentation to
the applicant on or before the day the application is denied. The
applicant may cure the deficiencies identified by the authority and
resubmit the application within 30 days of the denial without paying
an additional application fee. The authority shall approve or deny
the revised application within 30 days of resubmission and limit its
review to the deficiencies cited in the denial.
m.
Limitations of Denials. The denial of one or more wireless facilities
in a consolidated application shall not delay processing of any other
wireless facilities, poles or antenna equipment in the same consolidated
application.
[Added 12-5-2023 by Ord.
No. 23-3303]
The Common Council may, by resolution, waive any siting standard
set forth herein where the applicant demonstrates that strict enforcement
of said standard:
a.
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
b.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
c.
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment,"
WT Docket No. 17-79; WC Docket 17-84.
[Added 12-5-2023 by Ord.
No. 23-3303]
a.
Fees. Every small wireless facility application must include the
payment of right-of-way use fees in the following amounts:
1.
One to five location/collocation sites on existing poles: $500.
2.
Each additional location/collocation site on an existing pole: $100.
3.
Modifications or replacement of an existing pole and associated mounting
or installation of wireless facilities and equipment: $250.
4.
New pole installation and associated mounting or installation of
wireless facilities and equipment: $1,000.
5.
Annual rate for each wireless facility in the right-of-way: $200/year.
6.
Annual rate for attachment to each City-owned pole: $250/year.
|
Note: A wireless provider is authorized to remove its facilities
at any time from a City-owned pole in the right-of-way and cease paying
the applicable fees to the City. In the case of removal, there shall
be no requirement for the City to return or prorate the applicable
fee(s). If a wireless provider ceases required payments to the City
for the use of its rights-of-way and/or City-owned poles for a period
exceeding 90 days, the City shall have the right to remove such facilities
and equipment from the right-of-way.
|
b.
Deposits Towards Anticipated Municipal Expenses.
1.
In addition to the right-of-way use fee, for applications not requiring
a street opening permit, the applicant shall post a $5,000 escrow
deposit towards anticipated municipal expenses related to an application
made pursuant to this section.
2.
In addition to the right-of-way use fee, for applications requiring
a street opening permit, the applicant shall post a $7,500 escrow
deposit towards anticipated municipal expenses related to an application
made pursuant to this section.
3.
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 a deposit to the account in an amount to be mutually
agreed upon.
4.
Applicants shall be responsible for payment of such additional reasonable
costs as the City may incur in reviewing the application. Such reasonable
costs may include, but are not limited to, internal staff time, and
reasonable costs associated with the retention of outside counsel
and consultants to provide additional expertise where needed. In the
event such additional expenses are required, the City shall notify
the applicant accordingly. Any outstanding amount shall be due upon
final action on the application and must be paid prior to the City's
execution of any franchise, license or consent under this Section.
5.
After a final decision has been rendered regarding the application,
the applicant may request a refund of any unused balance from the
deposit toward anticipated municipal expenses.
[Added 12-5-2023 by Ord.
No. 23-3303]
All telecommunications fees paid to the City of Summit pursuant
to the requirements of this section shall be placed into a separate
account.
