[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:
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.
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.
Any person who has applied for and been granted and has in
full force and effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
municipality, company or organization of any kind.
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.
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:
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]
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.
[Added 7-27-2021 by Ord. No. 2021-46]
A.
ADMINISTRATIVE REVIEW
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
CITY
CITY POLE
COLLOCATE
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
DEPLOYABLE
DISCRETIONARY REVIEW
ELIGIBLE FACILITIES REQUEST
FCC
FEE
GROUND-LEVEL CABINET
HISTORIC PROPERTY
LAWS
ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT
PERMIT
PERSON
POLE
POLE-MOUNTED CABINET
PROVIDER
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
RATE
REPLACE or REPLACEMENT
SMALL WIRELESS FACILITY
(1)
(2)
STATE
SUPPORT STRUCTURE
TOWER
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
A person who submits an application under this model code.
A written request submitted by an applicant (such as the
form annexed hereto as Appendix B[1]) to a City for a permit:
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.
A pole owned, managed or operated by or on behalf of the
City.
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.
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).
A City pole that is specially designed and placed for aesthetic
purposes.
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.
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.
An eligible facilities request as set forth in 47 CFR 1.40001(b)(3),
as may be amended from time to time.
The federal Communications Commission of the United States.
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
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.
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.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
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.
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.
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization.
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.
A cabinet that is proposed to be placed on an existing or
proposed pole which is part of a communications facility.
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.
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.
A recurring charge.
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).
A wireless facility that meets both of the following qualifications:
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.
The State of New Jersey.
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.
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.
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.
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.
A wireless infrastructure provider or a wireless services
provider.
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.
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.
(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:
(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.
(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:
[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:
(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.
(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:
(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.
(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:
