[Adopted 12-16-1952 by Ord. No. 51 (Ch. 413, Art. I, of the 1990 Code)]
[Added 7-14-1959 by Ord. No. 317]
In the interpretation of this article, the following
words and phrases, unless the context shows another sense to be intended,
shall be held to have the meanings hereinafter stated:
The act of occupying a location outdoors for temporary habitation
as evidenced by one or more of the following actions: the erection
or use of tents, tarps or other shelters; the laying down of sleeping
bags, blankets, pillows or other items used for bedding; the placing
or storing of personal belongings; the act of cooking or making a
fire.
[Added 9-27-2022 by Ord. No. 2022-74]
Any public property or place dedicated to the public use.
That portion of the street or way intended for the use of
the public and pedestrians, comprising that portion of the pavement
extending from the curblines or the lateral lines of the roadway to
the buildings or building lines of the adjacent property, on both
sides of Landis Avenue from the west side of Myrtle Street to the
east side of Delsea Drive and on both sides of Seventh Street, Sixth
Street, East Railroad Boulevard and West Railroad Boulevard, from
the south side of Wood Street to the north side of Elmer Street. On
all other streets in the City of Vineland, "sidewalk" shall mean that
portion of the dedicated property set aside for a way and intended
for the use of the public and pedestrians.
That portion of the street, public street or highway set
apart for the use of vehicular traffic or as a parkway and which is
included between the gutter curbline.
That portion of City-owned or -controlled property within,
adjacent to or along the street that contains one or more of the following:
crosswalks, curbs, sidewalks, landscaping, drainage enhancements,
benches, street furnishings, planters, lighting and traffic calming
measures.
[Added 9-27-2022 by Ord. No. 2022-74]
[Added 5-22-1990 by Ord. No. 90-43]
No person, firm or corporation shall detach
from any vehicle and place, or cause, suffer or permit to be detached
and placed or continued, any trailer within the public right-of-way
of any roadway in the City of Vineland.
[Amended 4-9-1991 by Ord. No. 91-29; 9-27-2022 by Ord. No. 2022-74]
A.
No person, firm or corporation shall place, store or continue to be placed or continued any article of traffic, merchandise, or any wares or any case or box containing the same or any packing boxes, barrels, personalty or personal belongings or other obstructions of any kind whatsoever upon any sidewalk, street, highway or streetscape improvement of the City of Vineland, or any part thereof, except for purposes of transit or delivery and for such time and in such manner as may be reasonably necessary for such purposes, nor place or continue to be placed or continued any sign or other like structure upon any sidewalk, street, highway or streetscape improvement in the City of Vineland. This provision shall not apply to sidewalk sales, City functions, special events for which a permit has been issued pursuant to Chapter 676, Article II, of the Code of the City of Vineland or such locations within City parks in accordance with Chapter 507 of the Code of the City of Vineland.
B.
No person
shall be permitted to camp or sleep on any street, highway, sidewalk
or streetscape improvement, or portions thereof, at any time. Any
person violating this section shall first be offered to be delivered
to a shelter assisting the homeless population before being issued
any violation of this article.
C.
Any person, firm or corporation shall, upon conviction of Subsection A of § 630-3 shall be punished by the payment of a fine not less than $100 and not exceeding the sum of $2,000 or imprisonment in the Cumberland County Jail for a period not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this section exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
D.
Any person
camping or sleeping on any street, highway, sidewalk or streetscape
improvement shall be directed to discontinue sleeping or camping in
violation of this section and be offered transportation to the nearest
shelter assisting the homeless if such person advises that he/she
is homeless and has no means of transportation to such facility. If
that person refuses to discontinue camping or sleeping in violation
of this section, they shall be punished by the payment of a fine not
less than $100 and not exceeding the sum of $2,000 or imprisonment
in the Cumberland County Jail for a period not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination
thereof as determined by the Municipal Court Judge. Each day on which
a violation of this section exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the Municipal Court judge
may determine.
No person, firm or corporation shall place or
permit to be placed on any sidewalk any object or thing that shall
in any manner encumber such sidewalk or render travel upon such sidewalk
dangerous or unsafe.
[Amended 4-9-1991 by Ord. No. 91-27]
It shall be unlawful for any person, firm or corporation to place or cause, suffer or permit to be placed or maintained any showcase or other construction or device for the display of merchandise or any box, barrel, can, package or thing whatsoever on or over any sidewalk, street or public place or to display or cause, permit or suffer to be displayed upon or over any sidewalk, street or public place any merchandise for sale or advertisement in the City of Vineland, except as permitted under Chapter 676, Article II, of this Code.
No person, firm or corporation shall erect or
maintain or cause to be erected or maintained any post or pole in
any sidewalk, public street or public place in the City of Vineland
for any purpose of a permanent nature. This shall in no way prohibit
the use of and the insertions in the spaces provided for along the
curbs of flags attached to poles during occasions of celebration.
No person, firm or corporation shall cause,
suffer or permit any horse, cart, wagon, or motor or other vehicle,
except construction equipment as may be authorized by other ordinances
of the City of Vineland, to stand or remain upon any sidewalk or portion
of a driveway occupying a sidewalk of any street or public place in
the City of Vineland.
It shall be the duty of the Director of Public
Safety of the City of Vineland, and he is hereby given full power
and authority, to prevent the obstruction of free passage along or
over any part of any of the streets, alleys, footways, sidewalks,
pavements or crosswalks of the City of Vineland whenever such obstruction
is effected by the placing thereon or suspending thereover of any
box, basket, crate, barrel or other receptacle, whether empty or otherwise,
or of any goods, wares, merchandise or other articles of trade or
sale of any description, whether for convenience or for the purpose
of sale, advertisement or otherwise, for any length of time whatever,
except as herein provided.
The provisions of this article shall not apply
to receptacles placed on the curbline for ashes, garbage or refuse.
No person shall move any building or structure
across, along or through any street or public place without obtaining
a permit therefor from the Director of Public Safety.
B.
Bond. In addition to such fees, the Mayor and Council
may require a bond to be filed in the sum of $5,000, conditioned for
the proper removal of any such building, the restoration of any injury
that may occur to the street or sidewalk or trees or for the payment
of any damages whatsoever that may accrue by reason of the removal
of such building. Such permit may contain conditions relating to the
manner of removal or the length of time that any street or public
place may be obstructed, either in whole or in part, and any other
regulations for the protection of the street or public place and the
public safety or convenience; provided, however, that, in the event
that it becomes necessary to remove any poles, electric wires or any
other utility or public property, the cost for such removal and replacement
shall be paid by the applicant obtaining such permit.
No person shall organize or conduct or assist
in the organization or conduct of any parade upon any of the public
streets or public places without obtaining a permit therefor from
the Director of Public Safety. No person shall hold any meetings or
permit people to congregate on any street, sidewalk or public place
without obtaining a permit therefor from the Director of Public Safety.
The Director of Public Safety shall not issue any such permit until
authorized by the Mayor and Council.
No person shall injure, deface, obliterate or
remove, take down or disturb or in any manner interfere with any signboard
erected by public authority containing the name of any street or public
place or any bulletin board or sign or notice erected, posted or placed
by public authority bearing the name of the Mayor and Council or of
any officer or agent thereof or of any public authority whatsoever.
[Amended 10-27-2009 by Ord. No. 2009-68; 2-23-2010 by Ord. No.
2010-9]
A.
The owner
of any premises abutting on any public sidewalk in the City shall
remove all snow and ice from the portion of the sidewalk abutting
his or her premises. The owners of premises used for business, commercial
or industrial purposes shall, in addition, remove all snow and ice
from parking lots, walkways and other areas used by their customers
or employees. Ice which is so frozen as to make removal impractical
shall either be treated with rock salt or other chemicals which will
thaw it sufficiently to permit removal or be thoroughly covered with
sand, ashes or cinders. Removal or covering shall be accomplished
within 24 hours of daylight after the snow or ice shall fall or be
formed.
B.
At no
time, whether a state of snow emergency has been declared or not,
no person, firm, corporation or entity shall deposit snow or ice on
a public street or sidewalk or cause same to be so deposited. It is
the intent and purpose of this section to prohibit all persons from
throwing, casting, placing or depositing snow and ice which accumulated
within the private property belonging to said persons upon the sidewalks
or streets of the City of Vineland.
C.
In any
case in which snow or ice shall not be removed from any sidewalk as
required in § 630-13(a), or shall be cast, deposited, thrown
or placed upon any sidewalk or street in violation of § 630-13(b),
such snow or ice shall be removed by and under the direction of the
Superintendent of Public Works. The cost thereof shall be certified
by the Superintendent of Public Works to the governing body, which
shall examine such certificate of cost and, if it finds said certificate
to be correct, shall cause such cost to be charged against the real
estate abutting upon such sidewalks or streets. The amount so charged
shall thereupon become a lien and tax upon said real estate and be
added to and be a part of the taxes next to be levied and assessed
thereon, and enforced and collected, with interest, by the same officers
and in the same manner as other taxes. The imposition and collection
of any penalty imposed by the provisions of § 630-13(d)
shall not constitute any bar to the right of the City of Vineland
to collect such assessment of costs as certified for the removal of
said snow or ice in the manner herein authorized.
D.
Any person,
firm, corporation or entity who violates any provision of this article
shall, upon conviction thereof, be punished by the payment of a fine
not less than $100 and not exceeding the sum of $2,000 or imprisonment
in the Cumberland County Jail for a period not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination
thereof, as determined by the Municipal Court Judge. Each day on which
a violation of an ordinance exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the Municipal Court Judge
may determine.
No person shall drop, deposit, throw or place
or permit or aid the dropping, depositing, throwing or placing of
glass, tacks, nails or other sharp substances upon any public street
or place likely to damage automobile tires or to cause any other injury
whatsoever.
No person shall remove, displace, break or change
any sign or lights or signals set up or placed in any street or public
place as a warning of danger or indicating an excavation or obstruction
or showing that any street or public place is closed to traffic, and
no person shall, between the hours of sunset and sunlight, extinguish
any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the
cover thereof, unless such opening shall be guarded by a guardrail
and shall be so marked by day and lighted by night as to be plainly
seen at a distance of 200 feet, which guardrail shall be maintained
so long as such manhole shall remain open and uncovered.
[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:
