[HISTORY: Adopted by the Township Committee
of the Township of Pilesgrove as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Street names — See Ch. A229.
[Adopted 10-12-1959; amended in its entirety 7-12-1994 by Ord. No. 94-6]
It shall be unlawful for any person, firm or
cooperation to disturb, tear up, obstruct, damage or destroy any Township
road in any manner whatsoever, by any vehicle of any kind or by any
drag attached thereto or by any other implement or appliance.
It shall be unlawful for any person, firm or
corporation to fill up the gutters or ditches along any Township road
or to obstruct or damage any Township road by spilling or throwing
stones, dirt or other materials thereon.
As used in this chapter, the following terms
shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure, utility pole (including within light
poles and fixtures) and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals.
[Added 3-13-2018 by Ord.
No. 18-03]
Are networks of cables and antennas that can be installed
in high-traffic areas: stadiums, convention or shopping centers, office
buildings, train stations, airline terminals, and outdoor urban areas
where demand for signal is high.
[Added 3-13-2018 by Ord.
No. 18-03]
The duly appointed Planning Board or Zoning Board of Adjustment.
[Added 3-13-2018 by Ord.
No. 18-03]
Any and all roads, highways, streets or avenues owned or
under the control of the Township of Pilesgrove, for the full right-of-way
or easement width thereof.
Small cells are like mini cell towers, smaller scale units
generally deployed on lampposts, utility poles and building walls
to relay cell phone signals through fiber optic cables. Small cells
are used primarily to enhance localized capacity and coverage where
there is concentrated traffic, such as in a business district, shopping
mall or a college campus.
[Added 3-13-2018 by Ord.
No. 18-03]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
This term shall not include an existing utility pole.
[Added 3-13-2018 by Ord.
No. 18-03]
A pole that supports public utility wires and cables and
is separate and distinct from a tower, pole (monopole) that supports
only telecommunications equipment and antenna. (See "tower.")
[Added 3-13-2018 by Ord.
No. 18-03]
No person, firm, partnership or corporation
shall open or dig a trench in any public road, street or highway of
this Township without having first done each of the following:
A.
Made a written application therefor to the Township
of Pilesgrove in the County of Salem, on forms to be provided by it,
and supplied a map or sketch of the project.
B.
Paid the proper fee to said Township for such opening or trench, in the amount specified by § 180-8.
C.
Given the Township a cash or surety company bond, in the amount specified by § 180-7, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond, but shall not be less than $500. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Township Clerk a combination performance and maintenance bond for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this chapter and shall be approved as to form by the Township Solicitor.
D.
Received from the Township a written permit for the
specific opening or trench. However, in cases involving minimum disruption
to streets and safety within the Township, the Road Supervisor may
waive such above requirements and fees in whole or part and issue
the permit in cases where the Township Engineer's services are not
required.
[Amended 3-13-2018 by Ord. No. 18-03]
No person, firm, partnership or corporation shall direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to locate or relocate any above or belowground public or private utilities, storm drains, trenches, curbing, driveways, fences or landscaping in any municipal public right-of-way, easement, road, street or highway until a written permit has been issued by the Township. Telecommunications facilities to be installed within the municipal right-of-way (ROW) shall be subject to the requirements of § 180-12.
Each permittee shall do each of the following
things with respect to each opening or trench for which the permittee
is responsible:
A.
Have the trench or opening dug promptly after the
permit aforesaid is granted.
B.
Have the material which is taken from the opening
or trench placed so as not to interfere with public use of the highway.
C.
Have proper and ample guards, barricades, signs and
lights maintained on the site to sufficiently warn users of the road,
street or highway of the dangers attendant to the project, from the
time the opening is completely restored and completely reopened to
public travel and in accordance with the current Manual on Uniform
Traffic Control Devices.
D.
Assume full liability for any and all injuries caused
by the negligence of the permittee or the employees or agents of the
permittee in constructing such opening as well as in its maintenance
or closing.
E.
Keep said opening open a minimum period of time to
accomplish the purpose of the permittee, and close such opening or
trench as soon as possible thereafter.
F.
Comply with the following standards hereby adopted
in this Township for such openings in public roads, streets and highways:
(1)
Protection for traveling public. The permittee shall
keep such opening properly guarded and at night have lights placed
thereat and, in doing the work, interfere as little as possible with
the travel along the road and open no greater part of the road at
any time than shall be allowed by the Road Supervisor.
(2)
Protection from suits. The permittee shall also save
harmless said Township of Pilesgrove, its officers and servants from
and against any loss, injury or damage resulting from any negligence
or fault of the permittee, his agents or servants in connection with
the performance of the work covered by the permit.
(3)
Time limit. The opening shall be backfilled and patched
immediately, and the permanent pavement shall be restored within two
weeks. In case the work has not been completed before the day of expiration
as shown on the permit and the permittee has not requested an extension
of the time, the Public Works Superintendent may, if he deems it advisable,
take steps to backfill the trench and replace a permanent pavement
over the opening for which the permit has been issued, and if any
extension of time beyond said date is needed for the completion of
the work, a new application must be filed, if required by the Township
Engineer.
(4)
Maintenance. The restoration of the opening or trench
shall be maintained for one year after completion.
(5)
Excavation.
(a)
The applicant shall give a forty-eight-hour
notice to the Road Supervisor and Township Engineer or his duly authorized
assistant prior to making an opening, except in case of emergency.
(b)
No opening shall be commenced on a Saturday,
Sunday or holiday, except in case of emergency.
(c)
On a bituminous-surface-treated road, the edges
of the opening shall be cut straight through the bituminous surface
before the trench is excavated.
(d)
The permittee shall notify and request of the
utility companies a markout of underground utilities in the affected
areas. No work shall begin without the markouts having been completed.
All rock within five feet of a water main or other pipe which will
be damaged thereby shall be removed without blasting. No excavation
which will damage trees shall be made without the approval of the
Township Engineer.
(6)
Backfilling. The permittee shall completely backfill
the excavation and replace as great a portion as possible of the material
excavated, compacting it by using mechanical tamping equipment, and
supply additional material when there is a deficiency. Whenever the
Township Engineer or his duly authorized representative shall deem
the material unsatisfactory for backfill, the permittee shall backfill
the trench with select backfill material, Zone 3, compacted, and shall
remove all excess material from the premises. The material shall be
placed in layers not exceeding six inches in thickness, moistened
where and as directed, and each layer mechanically tramped until thoroughly
compacted.
(7)
Restoration of the surface paving and surface paving
foundation. After the backfilling of the opening or trench has been
completed as above specified, the restoration of the pavement shall
be governed by the following applicable rules:
(a)
In the case of an opening or trench in the earth
shoulder, the permittee shall restore the top four inches of the trench
or opening with material capable of supporting the growth of grass
and shall fertilize and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee
shall fill in the top 12 inches of the excavated trench or opening
with compacted state-approved I-5 road gravel.
(c)
In the case of a penetration macadam road which
consists of broken stone of various sizes, the permittee may salvage
the broken stone and replace it in the top of the trench similar to
the original pavement and cover it with two inches of hot-mixed bituminous
concrete.
(d)
In the case of a gravel-based bituminous concrete
road, the permittee shall restore the surface with eight inches of
compacted state-approved I-5 road gravel covered with two inches of
bituminous stabilized base, mix I-2, and two inches of FABC-1, mix
5, top pavement, or surface and base similar to the existing road,
whichever is greater.
(e)
In the case of a bituminous-treated gravel road,
the permittee shall restore the surface with 12 inches of compacted
state-approved I-5 gravel covered with two inches of FABA-1, mix I-5.
(f)
In the case of a concrete surface, the permittee
shall construct a concrete foundation and shall restore the reinforcement
and the concrete pavement as directed by the Township Engineer.
(g)
In the case of any special condition, the permittee
shall restore the trench or opening as directed by the permitting
authority. In any case, if the Township is required to restore the
pavement, the final charges, based on the schedule of costs, shall
be billed to the permittee on the completion of the work by the Township.
A.
Each applicant for a permit for such opening shall
post a cash or surety company bond with the Township to cover the
estimated costs of closing the particular opening for which the application
is being made, according to the schedule of estimated costs as from
time to time may be set by the Township Committee.
B.
Each such surety bond shall be executed by the permittee
as principal therein, and the surety company shall be the surety therein,
which surety company shall be one licensed to do business in the State
of New Jersey.
C.
Upon completion of the project by the permittee and the restoration of the public road, street or highway in accordance with this chapter, the permittee shall receive back his said performance bond upon proper written application therefor and upon approval thereof by the Township Committee and upon posting of the maintenance bond or cash described in § 180-4C.
A.
A schedule of fees from time to time may by resolution
of the Township Committee be fixed, determined and established as
being the fees to be paid the Township for the issuance of permits
and for other municipal services in connection with the servicing
of such permits and the proper restoration of such openings and trenches.
B.
Such fees shall accompany the applications when filed
with the Township or its representative.
Unless otherwise specified for the Township
Engineer, the Public Works Superintendent shall be the agent and representative
of this Township to:
A.
Receive all applications, fees and bonds hereunder.
B.
Inspect the sites of the proposed openings or trenches.
C.
Inspect openings or trenches, warning guards, barricades,
signs and lights maintained or to be maintained at the respective
sites by the permittee.
D.
Inspect the closing of openings or trenches and the
restoration of public roads, streets and highways.
E.
Notify the permittee or the Township, or both, of
any failure, refusal or neglect on the part of the permittee or his
employees or representatives to comply herewith.
F.
Make complaint of and prosecute for and on behalf
of the Township any offense under this chapter.
G.
Administer the provisions of this chapter for and
on behalf and in the name of this Township, under the direction of
and for the Township Committee.
H.
Inspect the opening at the end of the maintenance
period and report any discrepancies. Upon receipt of a favorable report
with respect to the condition of the opening from the Public Works
Superintendent, the Township Committee shall discharge the maintenance
bond or return the cash deposit, as the case may be.
Nothing in this chapter shall be understood
or construed by any permittee or other person to absolve any permittee
or his employees, agents or contractors of any responsibility for
any damage done to any person or property in opening or digging a
trench in any public road, street or highway.
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Adopted 3-13-2018 by Ord. No. 18-03]
A.
Permit required. No person, company, firm or corporation shall construct,
relocate, replace, or perform maintenance on any telecommunication
facility that involves a DAS or SNN within the municipal right-of-way
without first receiving permit approval (See Application Form 180-12.[1]) from the governing body.
[1]
Editor's Note: Form 180-12 is on file in the Township
offices.
B.
Permit duration. Unless the use or improvements have commenced within
six months from the date of the issuance of the permit or prior to
an ordinance change affecting the issuance of the permit, whichever
occurs first, the permit shall be deemed void and of no effect. However,
nothing shall prevent requesting the issuance of another permit which
would then be evaluated in accordance with the existing land use regulations
at the time application for said zoning permit is submitted. An applicant
may request an approved unexpired permit be extended for up to six
months when the applicant is the same and no changes have been made
to the ordinance or the proposed improvements. The application fee
must be paid: however, the governing body may approve a request to
waive the review/inspection fee.
C.
Outside agency approvals. All necessary construction permits and
outside agency approvals must be obtained from the proper officials
having jurisdiction prior to and subsequent installation.
D.
Applications.
(1)
Complete permit application. In the event that the application is
not certified to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable time
period, unless the application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant; and the municipal
agency or its authorized committee or designee has notified the applicant,
in writing, of the deficiencies in the application within 45 days
of submission of the application.
(a)
At the discretion of the Township, the separate permit required
for each location where work is being performed may be waived in the
case of a public utility making numerous improvements.
(2)
Applications for telecommunication improvements within the municipal
right-of-way shall be granted or denied within 45 days of the date
of submission of a complete application (Form 180-12) and supporting
documentation to the Township Administrative Officer, or within such
further time as may be consented to by the applicant.
(3)
The application and sketch plan shall be reviewed by the Township
Engineer and the temporary traffic control plan (TTCP) shall be reviewed
by the Traffic Safety Division prior to the issuance of any permit
by the governing body. The Township Engineer and Traffic Safety Division
may assist in the determination of a complete application and prepare
reports regarding approval or denial of the application.
E.
Submission/checklist items. Submit 10 paper copies and two electronic
copies on USB drive:
(1)
Executed use agreement with owner of existing utility pole.
(2)
Executed right-of-way agreement with the municipality.
(3)
Completed Application Form 180-12 (telecommunications facilities
within the municipal right-of-way) and the following:
(a)
Survey showing property lines, existing conditions, including
all underground utilities within 25 feet of the proposed improvements;
(b)
Plans/s and construction details of improvements;
(c)
Existing conditions site photos;
(d)
Equipment specifications;
(e)
Traffic safety control plan;
(f)
Project description.
F.
General requirements.
(1)
Equipment and antennas shall meet the following requirements:
(a)
To improve safety and reduce visual obtrusiveness, equipment
cabinets and other facility improvements shall be located underground
where sufficient space is provided within the ROW and outside the
cartway. Any equipment installed on a utility pole or above existing
grade shall be installed as to not obstruct any sight triangles at
intersections or driveways. Equipment must not extend beyond the ROW.
(b)
All cables/wires serving the wireless communications facility
shall be installed in underground conduits.
(c)
Antennas may be internally mounted; flush mounted; or mounted
on top of the existing utility poles.
(d)
The antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(e)
As-built plans showing the location of all underground equipment
and cables/wires serving the wireless communications facility shall
be submitted to the Township upon completion of the installation.
H.
Notice of proposed telecommunications facilities; protection of existing
structures. It shall be the duty of the permittee to give notice of
the proposed improvements to any company whose pipes, conduits or
other structures are laid in the portion of the street to be opened.
Such notice shall be given at least 24 hours before commencing such
opening. The permittee shall, at their own expense, carefully support,
maintain in operation and protect from injury such pipes, conduits
or other structures. If any damage is caused to such structures, the
permittee shall restore them at their own expense in accordance with
the standards set forth by the owner of the affected utility.
I.
Road closing. Written permission to close a road to traffic must
first be secured from the Township Clerk and the State Police, and
such permission shall only be valid for the time specified. The permittee
may be required to give notification of such closing to various public
agencies and to the general public.
J.
(Reserved)
K.
Enforcement; violations and penalties.
(1)
The provisions set forth under this article shall be enforced by
the State Police, Township Code Enforcement Officer, Zoning Officer.
Construction Code Official, authorized agents of the Township, or
other official so designated by the Township Committee.
(2)
Any person, contractor or utility committing a violation of this
section shall be subject to a fine of $500 for a first offense; $1,000
for a second offense; $1,500 for a third offense. Any subsequent violation
shall be subject to the penalty and, upon conviction thereof, be punishable
by a fine of not more than $5,000 or by imprisonment for a term not
to exceed 90 days, or by both such fine and imprisonment, in the discretion
of the judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
