[Ord. No. 836 preamble]
a.
The City is responsible for the construction, maintenance and repair
of most streets located within the City.
b.
The cost for construction, repair and maintenance of these streets
has risen sharply and is expected to continue to rise.
c.
It is in the best interest and welfare of the citizens, residents,
and visitors to the City to have the streets constructed, repaired
and maintained in a good condition to avoid injury to person and damage
to property.
d.
The opening, excavation and construction of streets or the restoration
of streets following excavation can, if performed improperly, become
an unwarranted and unnecessary municipal expense, and possible public
nuisance.
e.
The City is desirous of establishing standards for the construction,
excavation, restoration and repair of streets under the control of
the City.
[1976 Code § 21-1; Ord. No. 701 § 1; Ord. No. 816 § 1; Ord. No. 836 § 1; Ord. No. 1136 § 1; Ord. No. 1468 (2009) § VII; Ord. No. 1615 (2017) § 18]
a.
No person, firm, corporation or partnership shall tear up, excavate,
open or perform work of any other nature on any street under the control
of the City without first having obtained and being in possession
of a valid permit to do such work issued by the Director of Public
Works or his/her designee and pay applicable fee, escrow, and posting
of sufficient security as follows:
1.
Fees.
(a)
For any street opening permit issued during the five-year period
following resurfacing, there will be a street restoration fee of $1,000,
in addition to any other fees required.
(b)
In addition to any other fees, applications made by any person
shall be accompanied by a fee as calculated by the formula set forth
as follows:
(c)
Applicant shall be responsible to pay the City Engineer for
all required inspections as required in 15-1.5.
At time of submission of application, in addition to any other
fees or bonds, the applicant shall place in escrow $500 for each inspection
to cover the costs of the City Engineer.
(d)
Fees will not be applicable to openings within streets for which
the property owner has received notification of the City's intent
to pave, provided the opening is made prior to resurfacing.
2.
Performance Bond.
(a)
Every application shall be accompanied by a performance bond
or certified check in the full amount of the estimated restoration
costs as indicated on the approved application as approved by the
City Engineer.
(b)
A public utility company or construction company, in lieu of
giving a separate bond for each project, may annually, prior to January
15th of each year, post a performance bond in the amount of $150,000
or for an increased amount as determined by the City. If an increased
amount is required, notice of same shall be sent to the utility company
by December 15th of each year. A decreased amount may be requested
in writing by the utility company based on actual work undertaken
within the City in the previous year. Said request shall be forwarded
to the Director of Public Works by December 15th of each year. A reduction
in bonding amount shall be at the discretion of the City, as determined
by the Director of Public Works. No permits shall be issued until
the bond has been approved by the City. Use of combined performance
and maintenance bond may be requested in writing by the utility company.
Said request shall be forwarded to the Director of Public Works by
December 15th of each year. The use of a combined bond shall be at
the discretion of the City, as determined by the Director of Public
Works.
3.
Maintenance Bond.
(a)
The applicant shall also be required to post a maintenance bond
and/or certified check in the amount of 25% of the performance bond.
The maintenance bond shall serve to guarantee that the utility opening
restoration will remain in good condition for five years.
(b)
Maintenance bonds shall remain in effect for five years. Security
in the form of cash or negotiable instrument shall be held in escrow
for five years.
b.
Any permit issued pursuant to this section shall become null and
void unless work is commenced pursuant to the permit within 10 days
of issuance of the permit, unless the applicant has sought and received
an extension from the Director of Public Works or his/her designee
for commencement of the work.
c.
Unless otherwise required by an emergency, the Director of Public
Works or his/her designee shall not issue a permit for the opening
or excavation of any street under the control of the City where the
street has been resurfaced or repaved within five years of the date
of application for the permit. Any such emergency must be so certified
by the City Superintendent.
d.
In addition to obtaining a permit from the City as outlined above,
the applicant must likewise, where required by law, obtain all necessary
permits or licenses from the public utilities whose lines, property
or equipment may be affected by the opening, excavation or construction.
e.
Subsequent to acquiring the necessary permits, the applicant must
give 24 hours' notice to the Director of Public Works before
commencement of any street opening, excavation or construction.
[1976 Code § 21-2; Ord. No. 701 § 2; Ord. No. 836 § 2; Ord. No. 1468 (2009)
§ VIII]
All applicants for a road opening, excavation or construction
shall prepare and file with the Director of Public Works an application
obtained from the office of Public Works. The application shall be
accompanied by a plan or drawing describing the portion of the road
or street to be opened or excavated, indicating the dimensions of
the opening, the purpose for the opening and the expected duration
of the opening or excavation.
[1976 Code § 21-3; Ord. No. 701 § 3; Ord. No. 836 § 3]
a.
During the period of time that the street is under construction,
excavated or opened, it shall remain, wherever safely reasonable,
open to traffic and the applicant shall assist the City in providing
for continuous vehicular access. In the event detouring is necessary,
it shall be coordinated with and approved by the City Superintendent.
b.
While under construction or excavation, the street shall be provided
with barricades, or other safety devices or warnings, these being
the responsibility of the applicant as reasonably required by the
City Engineer, so as to inform motorists, bicyclists and pedestrians
of any construction or excavation. The applicant shall also promptly
notify the Police Department of any excavation or construction site
and provide the Police Department with the name, address and phone
number where the applicant or his/her representative may be reached.
c.
The contractor shall be responsible for maintaining safe working
conditions at the site of construction or excavation. The provisions
of the "Construction Safety Code" as promulgated by the Commissioner
of Labor and Industry under the authority of the Construction Safety
Act, P.L. 1962 Ch. 45, shall be adhered to. Excavated materials shall
be placed three feet back from the edge of the trench. Where conditions
do not allow for the sloping of the trench sides, the contractor shall
brace and support the trench in accordance with recognized practice.
[1976 Code § 21-4; Ord. No. 701 § 4; Ord. No. 836 § 4]
a.
The applicant shall be responsible for the immediate refilling of
any excavation or construction site and the restoring of any road,
street or alley in accordance with this subsection.
b.
The following standards shall govern the excavation, refilling and
restoration of any road, street or alley:
1.
Location of Existing Utilities. Prior to any excavation, the contractor
shall bear the responsibility for locating and marking either by paint
on the pavement or placement of stakes in the ground the location
of all water services, gas services, gas mains, water mains, sewer
mains, telephone and electric raceways or conduits, and drains within
the area to be excavated.
2.
Pavement Cutting. Pavement shall be cut with pneumatic hammers or
mechanical pavement cutters, saws or other methods approved by the
City Engineer.
3.
Trench Excavation. The trench in which any utilities and/or appurtenances
are to be constructed shall be excavated in open cut from the surface
except where otherwise stated in writing and in all cases in such
a manner and to such depth and width as will give suitable room for
bracing, supporting, pumping and draining.
The maximum trench width at the top of the pipe shall be two
feet plus the outside diameter of the pipe. The contractor may, where
it will not interfere with the work or adjacent structures or property,
and only after receiving approval from the City Superintendent, slope
the sides of the excavation beyond the width specified above. The
sides of the trench may only be sloped from a point starting two feet
above the top of the pipe.
4.
Length of Trench to Be Opened. No trench shall be excavated more
than 50 linear feet in advance of pipe laying unless authorized by
the City Superintendent.
The length of trench to be opened or the area of the surface
to be disturbed or unrestored at any one time shall be limited by
the City Superintendent with regard to expeditious construction and
to the convenience and comfort of the persons residing in the neighborhood
or frequenting the streets in question. New trenching will not be
permitted when earlier trenches need backfilling or labor is needed
to restore the surfaces of the streets to a safe and proper condition.
5.
Backfilling Trenches. The trench or other excavation shall be carefully
backfilled with the excavated material. No rock or frozen earth shall
be put in the trench until the backfill has reached at least two feet
above the top of the utility. Back-fill to a height of two feet above
the top of the utility pipe shall be made with earth which shall be
free from stones or rock fragments of a size larger than one inch
in diameter. Below this level, the backfill shall be placed in layers
not more than six inches thick and shall be compacted with approved
flat-faced tampers. All backfill more than two feet above the top
of pipes shall be compacted as follows:
(a)
By approved vibratory soil compactors, if the backfill material
be predominantly sand or sand and gravel but contain more than 12%
by weight of the material that will pass the 200 mesh sieve.
(b)
By approved vibratory compactors or piddling if the materials
be predominantly sand or sand and gravel but contain more than 12%
by weight of the material that will pass the 200 mesh sieve.
(c)
By approved flat-faced tampers if the back-fill material be
not predominantly sand or sand and gravel.
(d)
Backfill around inlets, manholes and other subsurface structures
shall be compacted by flat-faced mechanical tampers.
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In subparagraphs (a) and (b) above, approved fiat-faced mechanical
tampers may be substituted for the vibratory soil compactors where
the shoring and bracing of the trenches or other special conditions
make the use of vibrating compactors impractical. Where mechanical
tampers or vibrating soil compactors are used in accordance with the
foregoing provisions, the backfill shall be placed and compacted in
layers not more than six inches thick, loose measurements. Where trenches
are puddled in accordance with the foregoing provisions, the backfill
shall be placed in successive lifts, not more than four feet thick
and each lift shall be thoroughly puddled before the next lift is
placed. The application of water shall be continuous until all puddling
of each lift is evidenced by a constant head without further addition
of water. If more than six inch depth of trench remains unfilled after
the final puddling, the remaining backfill shall be tamped or vibrated
as specified in subparagraphs (a) and (b) above. The surface of the
trench backfill shall be rounded to allow for compression and shall
be finally compacted by a three wheel, then 10 ton roller and have
a load of not less than 330 pounds per inch of width of rear wheels.
Rock in pieces weighing more than 50 pounds shall not be put in the
trench. All sheeting shall be withdrawn unless ordered left in place
by the City Engineer. As the trench is refilled, the sheeting and
timbering shall be removed in such a manner as to avoid the caving
of the trench. The vacancy left by the sheeting shall be carefully
refilled by ramming or as otherwise directed. All materials excavated,
if suitable, shall be used for backfilling trenches or other excavations
or deposited in embankment. None shall be wasted without permission
of the City Engineer. Surplus and waste materials shall be removed
from the site. Broken pavement, large rocks and all objectionable
material are to be kept segregated from the clean surplus material
and trucked to a separate disposal site from that of the clean material.
When a bulldozer or payloader is used in backfilling a trench, the
contractor shall station a person at the side of the trench to carefully
inspect and supervise the backfilling operation.
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The method of backfilling and compaction shall be established
at the discretion of the City Engineer, depending upon the quality
of the backfill material encountered at the site, and is not necessarily
limited to the above described methods. Any changes required by the
City Engineer will not be more stringent than those methods outlined
herein.
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6.
Care of Existing Structures. Care shall be taken not to move, without
the consent of the City Engineer, any sewers, drains, culverts, poles,
water or gas pipes, etc., or structures near them that may be encountered
during the construction. They shall be securely hung, braced or supported
in place by the contractor at his/her own expense. All utility poles
adjacent to the excavation shall be protected and braced during construction.
Whenever it is necessary to interfere with these structures, the contractor
shall maintain services at his/her own expense and repair all damages.
He/she shall leave them in as good condition as he/she found them.
7.
Dewatering. The contractor shall furnish sufficient pumping equipment
and shall provide at his/her own expense satisfactory drainage whenever
needed in the trench and other excavation during the progress of the
work. All water pumped and bailed from the trench or other excavation
shall be conveyed in a proper manner to a suitable point of discharge.
The flow in all sewers, drains and watercourses encountered on the
work, in gutters alongside of or across the work shall be entirely
provided for, both temporarily and permanently, as required, by the
contractor and at his/her expense.
8.
Street Restoration.
(a)
The trench restoration in the street will consist of a six inch
gravel base course, four inch bituminous stabilized base course, Mix
1-2, and a FABC 1 type surface course, Mix 1-5, two inches thick.
The gravel base course and bituminous stabilized base course shall
be applied immediately upon completion of the purpose for the opening.
(b)
The six-inch gravel base course shall be soil aggregate Type
2, class A or B, conforming to the requirements specified respectively
thereof in Division 8, Section 8 of the Standard Specifications of
the New Jersey Department of Transportation, as amended.
(c)
The materials for bituminous stabilized base course shall conform
to Division 3, Section 2A, Article 2 of the Standard Specifications,
as amended.
The materials for the bituminous concrete surface course shall
be as those specified under Division 3, Section 10, Article 2 of the
Standard Specifications, as amended.
(d)
Final surface course shall not be placed for at least 30 days
after initial compaction and placement of the stabilized base course.
The final surface course shall be completed no more than 60 days after
initial compaction and placement of the stabilized base course.
(e)
The method of construction of the six inch gravel base course,
the four inch bituminous stabilized base course, Mix 1-2, and the
two inch FABC-1 surface course, Mix 1-5, shall conform to the requirements
of Division 3 of the Standard Specifications, as amended. The bituminous
stabilized base course shall be constructed in two lifts as required
by the specifications.
(f)
All work to be inspected by the City Engineer. The contractor
shall notify the City Engineer 24 hours in advance of performing any
work under street restoration.
[1976 Code § 21-5; Ord. No. 701 § 5; Ord. No. 836 § 5; Ord. No. 1615 (2017)
§ 19]
a.
The bond shall have an identifying number.
b.
The name and address of the principal shall be listed on the bond
and in the case of a corporation or partnership, the State of incorporation
and partnership must be noted.
c.
The name, address, and phone number of the surety company shall be
listed on the bond and in addition the company shall be authorized
to issue bonds in the State of New Jersey.
d.
The amount of the bond shall be in accordance with amounts established
in this chapter and/or as established by the City Engineer.
e.
The work to be performed shall be clearly defined in the bond.
f.
Determination of the acceptability of all the work covered by the
bond shall be at the sole discretion of the City.
g.
The term or expiration date of the bond shall be clearly stated.
The term of all performance bonds shall be one year. The term of all
maintenance bonds shall be five years.
h.
The manner in which the bond may be called in the event of nonperformance
shall be specified in the bond.
i.
The bond shall be signed and attested to by the appropriate persons
for the principal and the surety company together with the appropriate
form of notarization.
j.
Bond shall be reviewed and approved by the City Solicitor prior to
acceptance.
k.
Performance bonds shall not be released until satisfactory maintenance
bonds have been posted.
l.
The purpose of depositing the performance bond, maintenance bond,
and/or cash security is to guarantee to the City of Sea Isle City
that any construction, excavation or road opening will be performed
and completed in an acceptable fashion consistent with the provisions
of this section.
m.
If the applicant fails to complete restoration by the date indicated
on the approved permit, the City shall have the right to attach and
utilize the bond posted by the applicant to compete said work.
n.
In the event that the City Engineer determines that the excavation,
construction or restoration and/or refilling has not been performed
consistent with the requirements of this section, the City shall be
entitled, after reasonable notice to the applicant to correct such
deficiencies, to take the performance bond, maintenance bond, surety
bond or cash posted by the applicant and utilize them to correct any
deficiencies and have the area restored to its proper condition.
o.
If it becomes necessary for the City to undertake legal action due
to unsatisfactory work, and the cost incurred by the City exceeds
the original bond value, the City reserves the right to recover the
extra cost from the applicant.
[1976 Code § 21-6; Ord. No. 701 § 6; Ord. No. 836 § 6; amended 2-25-2020 by Ord. No. 1649]
a.
Every application for construction, excavation or opening of a road
or street under the control of the City shall be accompanied by a
certificate of insurance demonstrating that the applicant possesses
personal injury liability insurance in the amount of $500,000, property
damage liability insurance in the amount of $500,000, and workers'
compensation insurance to be provided at statutory requirements. The
insurance shall be maintained by the applicant during the period of
construction or excavation. A minimum of 60 days' written notice
of cancellation shall be provided.
b.
The contractor shall indemnify, hold harmless and defend the public
entity, its officers employees, agents and volunteers against any
and all liability, loss, costs, damages, expenses, claims or actions,
including attorneys' fees, which the public entity, its officers,
employees, agents and volunteers may hereafter sustain, incur or be
required to pay, arising out of or by any act or omission of the contractor
or public entity, their officers, employees, agents and volunteers,
in the execution, performance or failure to adequately perform the
contractor's or public entity's obligations pursuant to
this contract.
[1976 Code § 21-7; Ord. No. 701 § 7; Ord. No. 836 § 7]
a.
All work shall be performed between the hours of 7:00 a.m. and 7:00
p.m. In emergency situations, with a determination of an emergency
being in the sole discretion of the City Superintendent, this requirement
may be waived under those terms and conditions to be set by the City
Superintendent.
b.
When any work is done on a weekend by a contractor, the inspection
shall be done by the City and must be paid for by the applicant at
those rates to be set by the City.
[1976 Code § 21-8; Ord. No. 701 § 8; Ord. No. 836 § 8]
[1976 Code § 21-16; New]
It shall be unlawful for any person to construct or remove or
cause to be constructed or removed any sidewalk, driveway apron or
curb or any part thereof within any public right-of-way in the City
without first having obtained a permit to do so from the Construction
Official.
[1976 Code § 21-17]
Application for a permit under this section shall be made to
the Construction Official by the owner of the premises or his/her
agent upon forms provided by the City and shall contain the following
information:
a.
The name and address of the applicant.
b.
The name and address of the person who is to perform the proposed
work, and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
c.
The location, by street number or otherwise, of the premises where
the work is to be done.
d.
The estimated cost of the proposed work.
e.
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and permanent object, as well as its width and relationship to the
grade of the street and the adjacent property and in the case of a
driveway apron, its slope or pitch.
f.
Any other information that the Construction Official deems necessary
in order to determine whether the work will comply with this section.
[1976 Code § 21-18]
A fee of $5 shall be charged for each permit issued in connection
with a lot and, in addition thereto, the applicant shall pay the cost
of all tests which the City Engineer deems necessary. The fee shall
be paid at the time the application is filed and the cost of all proposed
tests shall be paid prior to the issuance of any permit. Any test
involved shall be determined by the City Engineer.
[1976 Code § 21-19; New]
The applicant shall notify the Department of Public Works, Parks
and Public Property or the Construction Official, through the City
Clerk, at least 24 hours prior to the time of pouring or laying any
sidewalk, driveway apron or curb so that the Department may arrange
for adequate inspection and testing. The inspection and testing shall
be carried out by such person as shall be determined by the City Engineer.
[1976 Code § 21-20]
Whenever a notice is required by this section to be given by
the Construction Official, such notice shall be in writing. Service
of such notice shall be by personal service upon the owner if the
owner is domiciled in the City, or by service at the owner's
place of abode upon any member of the owner's family who has
attained 15 years of age. Service upon an owner who cannot be served
as above set forth shall be deemed sufficient if mailed, registered
mail, with postage prepaid, to the owner by name and at the address
as disclosed by the tax books according to the latest official record
of the Tax Collector.
[1976 Code § 21-21; Ord. No. 1455 § I; Ord. No. 1511 (2012) § 1]
a.
All materials and work shall be in accordance with City specifications on file in the office of the Department of Public Works, Parks and Public Property, or in the absence thereof according to reasonable and usual specifications to be established by the City Engineer and/or Construction Official. See subsection 26-23.10 for sidewalk standards.
b.
Any sidewalk, driveway apron or curb which is removed shall be promptly
replaced in accordance with City specifications. During a sidewalk
replacement period, between removal and replacement, the owner of
the property shall provide a safe and suitable walkway surface for
pedestrian travel. Suitable walkway surface means an unobstructed
level walkway surface, at the same grade with the adjacent properties'
sidewalks, of the same width as the sidewalk to be constructed, with
a sufficient design for runoff of water, constructed in a manner to
insure the sidewalk surface can endure inclement weather.
c.
No concrete sidewalk shall be replaced or covered with blacktop.
d.
Whenever a "curb cut" or driveway depression is required, the entire
section or sections of curb shall be removed and replaced. The breaking
and recapping of curbing is specifically prohibited.
[1976 Code § 21-22; Ord. No. 905 § 2]
a.
No building or structure shall hereafter be erected, constructed,
altered or repaired unless the plan of construction shall show thereon
all required curbs, sidewalks and driveways; and in each case where
the same have not been constructed, the construction thereof shall
be undertaken and completed during the valid period for which the
Construction permit is issued.
b.
If any curb, sidewalk or driveway constructed prior thereto has,
in the judgment of the Construction Official, been destroyed in whole
or in part, or, because of use, age, wear, tear, damage of the elements
or for any other reason should in his/her opinion be replaced, repaired
or reconstructed, then he/she shall require such work performed in
connection with the issuance of a Construction permit.
c.
Whenever any work is to be performed as herein specified, no permit
fee shall be charged as herein specified when the application to do
the work is in conjunction with the issuance of a Construction permit.
d.
A maximum of two twelve-foot wide driveways shall be permitted, or,
in the alternative, one driveway, 20 feet in width, shall be permitted.
[1976 Code § 21-23; Ord. No. 1431 § LXVIII]
Any person who shall build, construct or lay out any street
or avenue in the City shall first have his/her plans and specifications
approved by the Mayor and the City Engineer.
[1976 Code § 21-24; Ord. No. 805 § 2]
a.
Every street which is constructed or reconstructed in the City shall
be provided with curbs and sidewalks and all necessary incidental
structures and appurtenances.
b.
The property owner adjoining or abutting these streets shall install
curbs and all necessary incidental structures and appurtenances on
the request of the City Commissioners, after a thirty-day notice pursuant
to N.J.S.A. 40:65-1 et seq.
c.
On the failure of property owners to install curbs and all necessary
incidental structures and appurtenances at the request of the Commissioners,
the City shall install the curbs and all necessary incidental structures
and appurtenances and assess the property owners for the cost thereof.
d.
The required dimensions and proper heights and grades of the curbs,
sidewalks and driveway cuts and all necessary incidental structures
and appurtenances shall be obtained from the City Engineer.
[1976 Code § 21-25; Ord. No. 1244 § I]
a.
Excavations shall be kept to a minimum and there shall be an additional
fee of $500, which sum is to reimburse the City for the cost of street
restoration. If more than $500 worth of damage is caused the permittee
is subject to an additional charge. The permittee shall request the
Public Works Department to determine the additional charge.
b.
Excavations on the street side of the curb shall be graded with eight
inches of compact gravel or dense graded aggregate (DGA).
c.
The permittee shall, on completion, remove all debris and other material
within 48 hours from the time the curbs have been completed.
[1976 Code § 21-26]
This section shall not apply to the repair or replacement of
less than six lineal feet of existing sidewalk. However, the replacement
of less than six lineal feet shall conform to all City standards and
specifications.
[1976 Code § 21-27]
This section shall not apply to the gutters or the construction
of gutters along Central Avenue in the City, nor to gutters along
the roads known as County roads located in the City which gutters
abutting County roads shall be maintained in good condition of repair
by the County of Cape May.
[1976 Code § 21-28]
The owners of land situated in the City are hereby charged with
the duty and responsibility to comply with the provisions of this
section.
[1976 Code § 21-29; Ord. No. 1431 § LXIX]
The Construction Official is hereby empowered to enforce this
section and the provisions thereof. Such Construction Official is
hereby further empowered to enforce the discretionary powers which
are considered necessary in order to make the provisions hereof properly
effective and useful for the benefit of the public. In order to prevent
injustice, the possible abuse of discretion and to correct the possibility
of error in judgment, any owner who receives a notice from the Construction
Official has the right to appeal to the Administrator filing a notice
of appeal with the City Clerk within 30 days. Upon receipt of any
such notice of appeal, the Administrator shall hear the appeal within
30 days of receipt, at which time the owner and any other persons
appearing in the matter will be heard or afforded the opportunity.
After the hearing the Administrator will consider the matter, reach
a decision and notify the owner thereof.
[1976 Code § 21-36; New]
Any violation of any portion of this section which are either
willful or not corrected after notice may be grounds for refusal or
revocation of a permit by the Code Enforcement Officer.
[1976 Code § 21-31]
There shall be erected and maintained by the abutting property
owners, boardwalk approaches or ramps from the various street ends
to the Promenade, to be constructed and maintained as provided by
this section.
[1976 Code § 21-32]
All approaches or ramps on the streets between 38th and 48th
Streets shall be 15 feet in width and on all other streets shall not
be less than six feet in width and shall be erected on wooden or concrete
piling, with concrete or wooden caps, joist and decking, at the option
of the abutting property owner or owners. The piling shall not be
less than 10 inches in diameter and of approved length; the caps shall
not be less than four inches by eight inches; the joist not less than
two inches by 10 inches and the decking not less than 1 1/2 inches
thick. The finished surface shall extend from the sidewalk grade to
the finished grade of the boardwalk and be of the best workmanship
and construction and subject to the approval of the Construction Official.
[1976 Code § 21-33]
The City shall have the power and authority to condemn any and
all unfit or impaired approaches or ramps, regulated by this section,
and shall notify the owner or owners thereof that the same must be
repaired in accordance with the provisions of this section and subject
to the approval of the Construction Official, within 30 days from
the receipt of a written or printed notice to that effect from the
City Clerk.
[1976 Code § 21 -34]
If, upon the receipt of the notice and the lapse of time specified in subsection 15-3.5, such approaches or ramps are not built or repaired according to the requirements of this section, the same shall be built or repaired by the City, as the case may require, and the costs and expense thereof shall be assessed upon the owner or owners of the abutting property and shall be collected in the same manner and by the same officer as taxes are collected in the City. In addition thereto, the City reserves the right to bring an action upon contract to recover the amount due, against the owner or owners of the abutting property.
[1976 Code § 21-35]
When any property abutting the approaches or ramps are unoccupied and the owner or owners cannot be found within the City, such notices of repair shall be mailed prepaid to his, her or their post office address if the same can be ascertained. If the same cannot be ascertained, then the notice shall be inserted two weeks, once each week, in a newspaper printed and circulated in this City, and in case such owner or owners shall not comply with the requirements of this section, it shall be lawful for the City to cause the required work to be done and paid for and the expense and costs thereof shall be collected in the manner prescribed in subsection 15-3.4.
[1976 Code § 21-36]
All persons who shall neglect or refuse to build, construct or repair the approaches or ramps on the side of his or her property, as herein provided, and on 30 days' notice so to do by the City Clerk, shall be liable, upon complaint and conviction, for the penalty stated in Chapter 1, Section 1-5. This penalty shall be in addition to the expense and costs, as provided in subsection 15-3.4.
[Ord. No. 872 § 1]
The purpose of this section is to promote the public health,
safety and welfare through the regulation of the placement, appearance,
servicing and insuring of newsracks in accord with N.J.S.A. 40:67-1(c)
so as to:
a.
Regulate newsracks in public rights-of-way without in any way infringing
on the First Amendment to the Constitution of the United States, which
prohibits the banning of newsracks;
b.
Provide for pedestrian and driver safety and convenience;
c.
Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress or egress from any residence
or place of business, or from the street to sidewalk by persons exiting
or entering parked or standing vehicles;
d.
Provide reasonable access for the use and maintenance of poles, posts,
traffic signs or signals, parking meters, and access to locations
used for public transportation purposes;
e.
Encourage well-designed and aesthetically compatible newsracks;
f.
Reduce unnecessary exposure of the City to personal injury or property
damage claims; and
g.
Provide for and maintain freedom of speech and of the press for newspapers.
|
Nothing in this section is, however, to be construed as the
City's acquiescence in, liability for, or assuming the risks
of the placement of newsracks in the City, whether conforming to the
provisions herein or not.
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[Ord. No. 872 § 2]
As used in this section:
Shall mean the person responsible for placing and maintaining
a newsrack in a public right-of-way.
Shall mean any self-service or coin operated box, container,
storage unit or other dispenser installed, used or maintained for
the display and sale of newspapers or other news periodicals. The
use of the singular herein shall include the plural.
Shall mean any corporation, association, operation, firm,
partnership, trust or other form of business association as well as
natural person.
Shall mean any surface provided and intended for the exclusive
use of pedestrians.
Shall mean that portion of a street designed for, or ordinarily
used for, vehicular traffic.
[Ord. No. 872 § 3]
No person shall place, install, or maintain a newsrack on any
sidewalk, Promenade, or ramp leading to the Promenade, except in strict
accordance with the rules and regulations set forth as follows:
a.
No newsrack shall exceed 50 inches in height, 24 inches in width
or 20 inches in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper or news periodical offered for sale therein.
c.
Each newsrack shall be equipped with a coin return mechanism in good
working order so as to permit a person inserting a coin to secure
an immediate refund in the event the newspaper or news periodical
offered for sale therein is not received by that person for any reason.
d.
Each newsrack shall have affixed to it in a permanent manner a visible,
legible notice in substantially the following form:
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IN CASE OF A MALFUNCTION OF THIS NEWSRACK OR AN ACCIDENT INVOLVING
IT OR TO SECURE A REFUND THE DISTRIBUTOR WHO HAS PLACED AND MAINTAINS
IT IS:
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Name of Distributor
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Number, Street or P.O. Box
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Post Office, Zip Code
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Telephone number, including Area Code
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e.
Each newsrack shall be maintained in a neat, clean and attractive
condition, reasonably free of chipped, cracked or peeling paint, reasonably
free of rust or corrosion, free of any cracked glass or plastic, free
of any trash, and in good repair at all times.
f.
No newsrack shall be placed or allowed to remain in any location
so that it interferes with the removal of snow or ice or the removal
of leaves or debris, whether the removal is a public or private duty.
g.
No newsrack shall be placed or maintained projecting onto, into or
over, or resting wholly or partly upon, any portion of the roadway
of a public street.
h.
No newsrack shall be affixed or attached to any tree, fixture, parking
meter, parking meter stand, or other property owned or maintained
by the City, or by any transportation or utility company or authority,
which property is not suitable for such attachment, including but
not limited to street lighting poles, traffic signal equipment, telephone
poles and poles erected for the placement of traffic regulatory signs,
parking meters and parking meter stands. No newsrack shall be affixed
or attached to any other fixture upon, in, or over any public sidewalk
or Promenade unless:
1.
The attachment is rigid and secure and prevents the newsrack from
swiveling, turning or otherwise moving while so attached; and
2.
Such newsrack, as so attached, does not violate any other provision
of this section. If any newsrack is not affixed or attached to any
fixture, it must be securely and rigidly bolted to that portion of
the sidewalk or Promenade on which it stands. Prior to installing
the hardware or mount upon which such newsrack is attached to the
sidewalk or Promenade, the distributor shall obtain from the City
Construction Official the necessary permit for making such installation.
i.
No newsrack shall be placed on any sidewalk or Promenade whereby
the clear space for the passage of pedestrians is reduced to less
than six feet.
j.
No newsrack shall be placed within:
1.
Any crosswalk;
2.
Five feet of any driveway;
3.
Five feet of any fire hydrant;
4.
Fifteen feet of any corner, a corner being the point at which the
curblines extended would meet;
5.
One hundred feet of any other newsrack holding the same newspaper
within the same block. As used herein, block shall mean one side of
the street between two consecutive intersecting streets;
6.
Any area designated as a bus stop, bus shelter or loading area.
k.
Each newsrack must be 12 inches from the curb of any sidewalk and
must face inwardly to pedestrians on the sidewalk or Promenade and
not to the street or beach. All newsracks shall be in a straight line
with the depth of only one newsrack.
[Ord. No. 872 § 4]
a.
No person shall install or maintain any newsrack which in whole or
in part rests upon, in or over any public sidewalk or Promenade without
first notifying the Construction Official of the following:
b.
No more than one notification shall be required per applicant, regardless
of the number of newsracks the applicant maintains in the City.
c.
All registrations shall be renewed on or about May 1 of each year.
d.
A statement must be filed with the Construction Official that the
person who installs, places or maintains a newsrack or newsracks on
the sidewalks or Promenade of the City will defend, indemnify and
hold harmless the City against any liability for any and all claims
for damage to property or injury or death of persons arising out of
or resulting from the installation, ownership or maintenance of such
newsrack or newsracks.
[Ord. No. 872 § 5]
Instruction and enforcement of this section shall be the primary
duty of the Construction Official and enforcement of violations of
this section shall be the duty of the Police Department.
[Ord. No. 872 § 6]
a.
It shall be the duty of the Construction Official to determine whether
a violation of this section has occurred and thereafter notify the
distributor to correct the violation within 10 days. The notification
and direction shall be in writing, shall specify the nature of the
violation and whether it warrants removal of the newsrack. The notice
shall be sent by certified mail, return receipt requested, at the
address designated by the distributor and as shown on the newsrack.
During the ten-day period, the distributor shall have a right to a
hearing before the Director of Public Safety or his duly designated
representative to determine whether the violation has occurred and
whether the nature of the claimed violation warrants removal prior
to final determination. At the hearing, the distributor shall have
the right to counsel, the right to examine the evidence upon which
the Construction Official acted, to cross-examine any witnesses who
may appear, and to offer any evidence which may tend to show that
the subject newsrack does not violate any provisions of this section,
and that the claimed violation is not of a nature which warrants removal
prior to final determination. The Hearing Officer shall promptly review
the evidence, notify the distributor of its decision with respect
thereto, and afford the distributor a reasonable opportunity to comply
with the determination.
b.
If the violation is not corrected within the ten-day period, or such
further reasonable period as is contained in the superseding notice
by the Director of Public Safety, the Director of Public Works shall
be notified and requested by the Director of Public Safety to remove
the newsrack and place it in storage in a secure place. The cost of
the removal and storage shall be billed to the distributor and, in
the event of nonpayment, a civil suit for money damages may be brought
by the City Attorney's office.
c.
If the newsrack is not claimed within 60 days of the date of the
original notification, it shall be disposed of by the City.
d.
In the event a distributor desires to abandon a newsrack, he/she
shall completely remove the newsrack and mount, and restore the public
right-of-way to a safe and sightly condition, leaving no hole or projection
in the pavement. If a newsrack has no publication in it for a period
of seven consecutive days, the distributor shall be notified to properly
remove the same, and if he/she does not do so within 10 days after
the notification, the City shall do so and charge the costs thereof
to the distributor.
e.
Any distributor or other person aggrieved by a finding, determination,
notice or action taken under the pro-visions of this section may appeal.
An appeal shall be made in writing and must be within 10 days after
receipt of written notice of any protested decision or action by filing
with the City Attorney a letter of appeal stating therein the basis
for such appeal. A hearing thereon shall be scheduled to be held on
a date not more than 20 days after receipt of the letter. The appellant
shall be given at least five days' notice of the time and place
of the hearing. The Board of Commissioners shall give an appellant,
or any other interested person, a reasonable opportunity to be heard
in order to show cause why the determination or action appealed from
should not be upheld. The burden of proof shall be upon the appellant
to show that such determination or action was not supported by substantial
evidence. The Board shall make a final determination at the conclusion
of the hearing or as soon thereafter as is practicable. In the event
a distributor is successful in reversing a determination that the
claimed violation was of a nature warranting removal pending a final
determination, no fee shall be imposed for removal and storage of
the newsrack which was the subject of the appeal and failure to comply
with such determination shall not serve as a basis for further prosecution.
Any determination of the Board shall be subject to judicial review
by a Court of competent jurisdiction.
g.
Nothing contained in this section shall be interpreted to limit or
impair the exercise by the City of its Police power, in the event
of an emergency, to remove any newsrack which presents a clear and
present danger of imminent personal injury or property damage to users
of the public streets, sidewalks or Promenade of this City.
[Ord. No. 872 § 8]
The provisions of this section shall apply to all newsracks
whether installed and maintained prior to or after the effective date
of any of the provisions herein. Those newsracks installed prior to
the effective date of any provision herein shall be brought into compliance
with the provisions within six weeks of the effective date thereof.[1]
[1]
Editor's Note: This section was adopted on December 29,
1986 as Ordinance No. 872.
[Ord. No. 1077 § 1]
No person or persons, association or corporation, their employees
or agents shall obstruct, excavate, dig into, change the grade of,
or in any way disturb, impede or injure any street, alley, public
square, sidewalk or passageway, laid out, mapped or dedicated to the
public, whether in actual use or not, or shall place, leave or deposit
in any such street, alley or public place within the City, any ashes,
stone, shells, brick, gravel, brush, or impediment or obstruction
whatever. This limitation applies to the above properties or any property
in which the City has a public right-of-way, easement or property
interest in any form.
[Ord. No. 1077 § 2]
This section shall not apply:
a.
Where the obstruction is caused by the loading or unloading of goods,
wares or merchandise to and from vehicles in such a manner as to cause
a minimum of obstruction which is necessary and unavoidable.
b.
To receptacles for garbage, or refuse lawfully placed on or in sidewalk
areas for collection.
[Ord. No. 1077 § 3]
[Ord. No. 1484 (2010) § II]
As used in this section:
Shall mean the concrete rim forming the edge of a sidewalk
along any street or roadway.
[Ord. No. 1484 (2010) § III]
No person or persons, association or corporation, their employees
or agents shall paint any sidewalk or curbing in any way or hire anyone
to do so.
[Ord. No. 1484 (2010) § IV]
[Ord. No. 1563 (2014) § 3]
It is the purpose of this section to authorize awnings and canopies
encroachments into public rights-of-way, to provide standards for
construction of awnings and canopies, and to provide an approval process.
To allow for awnings and canopies in C1, C2 and C5 Districts, and
encourage the construction of awning and canopy treatments to add
visual interest and to provide shelter from the elements for pedestrians
and diners.
[Ord. No. 1563 (2014) § 5]
Shall mean a structure, permanent or temporary, attached
to and deriving its support from the side of a building or structure
extending over an entrance and carried by a frame supported by the
ground or sidewalk, extending from the entrance to or over the public
sidewalk for the purpose of providing shade or shelter to pedestrians
to egress and ingress from the sidewalk to the building's entrance.
 |
Shall mean the vertical plane projected upward from the face
of the curb along a street.
Shall mean a structure, permanent or temporary, attached
to and deriving its support from a building over a window or door
and extending outward from the building facade.
Shall mean a structure, permanent or temporary, attached
to and deriving its support from a building or structure over a sitting
area and extending outward from the wall of a building which may or
may not retract or roll up and is constructed to provide shade or
shelter over sitting areas.
[Ord. No. 1563 (2014) § 6]
The City of Sea Isle City reserves its right to amend, terminate
or repeal this section and accordingly no property rights are granted
to any person(s) or entities by virtue of this section. All person(s)
or entities seeking to comply with this section are hereby given express
notice that any expenditures of funds, or other costs, in reliance
on the provisions of this section shall be at their sole expense.
All person(s) or entities seeking to comply with this section are
hereby given express notice that they bear the sole risk of loss for
any expenditures and costs in the event this section is amended, terminated
or repealed. The foregoing reservations apply to any use of the County
right-of-way.
[Ord. No. 1563 (2014) § 7]
Awnings and canopies shall comply with the following:
a.
Awnings and canopies are permitted in the C1, C2 and C5 Districts
to add visual interest to the streetscape and to provide shelter from
the elements for pedestrians and diners as approved.
b.
Awnings and canopies shall be designed to direct drainage water into
an approved drainage way.
c.
Awning or canopy placement should complement the architectural character
of the building and shall be designed proportionate to building height,
massing, materials and color. Soft, weather-treated canvas or vinyl
materials which allow for flexible or fixed installation shall be
used.
d.
All awnings and canopies shall be affixed or fastened to buildings
by supports in such a manner as not to be dangerous or harmful to
the users of the sidewalks or streets of the City.
e.
For the purposes of determining sign area and numbers, an awning or canopy shall be considered as a part of the building to which it is attached and any lettering, logo or emblems appearing on such structures shall be considered as a sign and shall be regulated in accordance to the regulations governing Section 26-28 entitled "Signs."
f.
No awning or canopy shall be used for a support for any sign or advertising.
g.
The approved awning or canopy shall be inspected annually by the
applicant to ensure the awning or canopy is in good repair.
h.
Awnings or canopies shall not be enclosed with screens, curtains
or other materials.
i.
Awning and canopies may remain up all year round provided that they
are fully assembled. No support structures shall be permitted to remain
without the fabric covering.
j.
All access awnings/canopies shall be removed immediately if an establishment
is no longer open for business.
k.
Awnings and canopies in residential districts are not regulated by
this section.
l.
Dining awnings and canopies may be approved to extend into the public
right-of-way for licensed sidewalk dining areas as to cover the area
of sidewalk dining as permitted provided the awning or canopy is constructed
in a location or manner which would not interfere with existing street
trees, would not obstruct, obscure, or interfere with traffic, a traffic
control device, street sign, streetlight, utility pole or pedestrians'
ability to pass.
m.
Dining awning and canopies shall maintain a minimum of a seven foot
clearance from the lowest portion.
n.
All awnings shall have a maximum height of 15 feet.
o.
All awnings or canopies that extend over the public right-of-way
of a sidewalk must maintain a nine foot clearance from the lowest
portion. Decorative awnings shall extend a maximum of 3.5 feet from
the building facade.
p.
Access awnings and canopies may extend into the right-of-way to provide
for an egress and ingress for the entrance, it may extend to the curbline.
q.
When requesting an initial inspection for new awnings or canopies
the applicant shall provide to the Business Administrator or designee,
a drawing of the structure detailing its exact dimensions, the full
width and length of the public right-of-way upon which the encroachment
is proposed and how it will be supported. The Business Administrator
or designee, in his or her discretion, may require additional information.
This requirement can be met at any time or at the time an establishment
is applying for a sidewalk dining license as long as all the information
requested herein is submitted with the sidewalk dining application.
r.
When requesting approval for an already existing awning or canopy,
the applicant shall provide to the Business Administrator or designee,
a picture of the structure and details of its exact dimensions, the
full width and length of the public right-of-way upon which it encroaches,
if any, and how it is supported. The Business Administrator or designee,
in his or her discretion, may require additional information.
[Ord. No. 1563 (2014) § 8]
All access and decorative awnings and canopies shall be constructed
and erected so that the lowest portion thereof shall not be less than
nine feet from the adjacent grade elevation or more than 15 feet above
the adjacent grade elevation in height.
All dining awnings and canopies shall be constructed and erected
so that the lowest portion thereof shall not be less than seven feet
from the adjacent grade elevation or more than 15 feet above the adjacent
grade elevation in height.
[Ord. No. 1563 (2014) § 8]
Hold harmless, applicants must agree to save, hold and keep
harmless and indemnify the City from and for any and all payments,
expenses, costs, attorney fees and from any and all claims and liability
for losses or damage to property or injuries to persons occasioned
wholly or in part by or resulting from any acts or omission by the
applicant or the applicant's agents, employees, guests, licensees,
invitees, assignees or successors, or for any cause or reason whatsoever
arising out of or by reason of the use by the applicant and the conduct
of the applicant's business within that portion of the area for
which permission was granted to the respective applicant. An application
by an applicant pursuant to this section shall be deemed conclusive
evidence of the applicant's agreement to indemnify the City as
aforesaid. However, in addition, applicant shall execute a hold harmless
agreement in a form supplied by the City. If the establishment abuts
a County right-of-way, in addition to the above, an application by
an applicant pursuant to this section shall be deemed conclusive evidence
of the applicant's agreement to also indemnify the County. Further,
the applicant shall also execute a hold harmless agreement in a form
supplied by the City indemnifying the City and County.
[Ord. No. 1563 (2014) § 10]
In the event of noncompliance with any provision of this section,
a written notice of violation shall be issued by the Business Administrator
or a designee thereof. Upon notice of a violation, the violator shall
remove all awnings/canopies or umbrellas, outdoor benches, tables,
chairs and all other outdoor items until the violation is completely
abated. Each and every day the violation continues will be considered
a separate offense subject to a separate punishment by fine and/or
community service.
Any person in violation of any provision of this section shall
be liable for a fine for each offense of the sum of not less than
$100 nor more than $300 and/or community service for each offense.
[Ord. No. 1563 (2014) § 11]
The City specifically reserves the right to revise, revoke or
deny an application for an awning or canopy upon a determination that
one or more provisions of any chapter applicable to awnings and canopies
have been violated or that the design and plan are inadequate, or
that the presence of an awning or canopy will endanger the public
health, safety or welfare.
Any application for an awning or canopy shall be made at the
sole risk and expense of the applicant in light of a potential for
revocation, revision or denial of permission by the City.
[1]
Editor's Note: Master License Agreement can be found on file
at Clerk's Office.
[Ord. No. 1616 (2018) § 2]
a.
For the purposes of this section, the following terms, phrases, words,
and their derivatives shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural include the singular, and words in
the singular include the plural. Any term not defined in this section
shall have the meaning ascribed to it in the New Jersey Municipal
Land Use Law, 40:55D-1, et seq., unless the context clearly requires
otherwise. In the event that a term is not defined by this Ordinance,
said term shall have its common and/ordinary meaning.
b.
CARRIER
CITY OF SEA ISLE CITY
CONDUIT
COUNTY
FACILITY OR FACILITIES
GOVERNING BODY
MUNICIPALITY
PERMITTEE
PERSONAL WIRELESS SERVICE FACILITIES
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
STEALTH STRUCTURE
STREET
UTILITY POLE
ZONING OFFICER
ZONING PERMIT
Definitions.
Means any firm, partnership, association, corporation, limited
liability company, or any other legally recognized organization, licensed
by the Federal Communications Commission to provide Personal Wireless
Services or authorized by the New Jersey Board of Public utilities
to provide telecommunications services in the State of New Jersey.
Means the City of Sea Isle City, County of Cape May, State
of New Jersey.
Means a casing or encasement for wires or cables.
Means the County of Cape May, State of New Jersey.
Means all structures, devices, and materials, including but
not limited to: antennas, radios and radio cabinets, electrical wires
and cables, fiber optic cables, communications and video cables and
wires, poles, conduits, pads, backup power supply and other components
of Personal Wireless Service Facilities, and appurtenances thereto,
located in the public rights-of-way. Each pole mounting set up shall
be a separate Facility for regulatory purposes, applications, and
fees.
Means the Mayor and Council of the City of Sea Isle City,
County of Cape May, State of New Jersey.
Means the City of Sea Isle City, County of Cape May, State
of New Jersey.
Means the Carrier to which a permit has been issued pursuant
this section and Master License Agreement for Use of Public Rights-of-Way.
Means equipment at a fixed location that enables Personal
Wireless Service between user equipment and a communications network,
including but not limited to: (a) equipment associated with Personal
Wireless Services such as private, broadcast and public safety services,
as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul; and (b) tower, radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies and
comparable equipment, regardless of technological configuration.
Means any technologies defined in 47 U.S.C. 332(c)(7) including
commercial mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, provided to personal mobile
communication devices through wireless facilities or any fixed mobile
wireless services provided using personal wireless facilities.
Means the surface, the air space above the surface, and the
area below the surface of any street, road, highway, lane, alley,
boulevard, or drive, including the sidewalk, shoulder and area for
utilities owned by the City of Sea Isle City or within an easement
to the public or other easement owned by the City of Sea Isle City.
Means a new structure for the mounting of Facilities, such
as a light pole with integrated antenna, with aesthetics found to
be reasonably acceptable to the Zoning Officer, with input from the
Governing Body, if deemed necessary.
Means any street, avenue, boulevard, road, parkway, viaduct,
drive or other way as defined in the Municipal Land Use Law, 40: 55D-7.
Means a tall wooden pole that is used to support telephone
wires, electrical wires, etc.
Means the Administrative Officer as defined in N.J.S.A. 40:55D-3
and the Zoning Officer of the City of Sea Isle City or his/her authorized
designee.
Means the document signed by the Zoning Officer pursuant
to N.J.S.A. 40:55D-18 that is required as a condition precedent to
the installation of an individual Facility and which acknowledges
that the Facility complies with the provisions of this section, or
approved deviation therefrom.
[Ord. No. 1616 (2018) § 3]
a.
Purpose. The purpose and intent of this section is for the City to
exercise its lawful authority to grant consent to the limited use
of the public rights-of-way and to allow the attachment of Facilities
only to existing wooden utility poles located therein pursuant to
N.J.S.A. 48-19, subject to certain conditions as stated herein, in
order to allow the prompt deployment of Facilities while also effectively
managing the public rights-of-way and protecting the aesthetic and
safety interests of the public.
b.
Facilities Subject to This Section. This section applies to all Facilities,
as herein defined, within the public rights-of-way, except as otherwise
provided in any existing franchise, license or similar agreement.
The deployment of Facilities on private property and public property
outside of the public rights-of-way shall not be controlled by this
section or the Master License Agreement, but by the City Zoning Ordinance
and the New Jersey Municipal Land Use Law. In no event shall this
section apply to the City or facilities owned or operated by the City.
c.
Master License Agreement Required. Every Carrier seeking to install
Facilities in the public rights-of-way, excluding those holding a
franchise, license or similar agreement with the City, shall first
enter into the Master License Agreement substantially complying with
the requirements of this chapter and apply for and obtain a Zoning
Permit as provided herein. The execution of the Master License Agreement
by the Carrier and the City shall grant the City's consent to
the Carrier to utilize the public rights-of-way pursuant to N.J.S.A.
48-19 and N.J.S.A. 27:16-6 and shall control the installation, maintenance,
and removal of the Facilities.
d.
Duration of Consent and Removal. The non-exclusive consent granted
to the Carrier shall expire in 25 years unless earlier terminated.
Carrier may cancel this Agreement upon 60 days' prior written
notice to the City of Sea Isle City. Upon expiration of such consent,
or at such earlier date that the Carrier ceases to operate its facilities
for a period of 90 consecutive days, the Carrier shall remove its
facilities and restore the right-of-way at its sole cost and expense.
[Ord. No. 1616 (2018) § 4]
a.
Permit Required. No Carrier, without first filing an application
and obtaining a Zoning Permit from the City Zoning Officer pursuant
to N.J.S.A. 40:55D-18, shall construct any Facility within any public
right-of-way.
b.
Application Requirements. The application shall contain, at a minimum,
the following:
1.
The Carrier's name and address and telephone number of the contact
person for such Carrier;
2.
The applicant's name and address, if different than the Carrier,
and telephone number of the contact person for such applicant;
3.
The names, addresses, telephone numbers of the professional consultants,
if any, advising the applicant with respect to the application;
4.
A brief description of the proposed work;
5.
A plan with specifications of the Facility showing the work proposed,
including sufficient information regarding the components of the Facility,
including their types and quantities;
6.
Any request for a deviation from one or more provisions of this section;
and
7.
Such additional information as may be reasonably required by the
City Zoning Officer.
c.
Application Fees. All applications for Zoning Permits pursuant to
this section shall be accompanied by a fee of $500 for each independent
Facility as compensation to the City for expenses incurred in processing
the application as permitted by N.J.S.A. 54:30A-124.
[Ord. No. 1616 (2018) § 5]
a.
Installation of Facilities. It shall be lawful for wireless communication
carriers to install facilities in the public rights-of-way on existing
wooden poles only, shall comply with all requirements of this section
and the terms and condition of the Master License Agreement. All applicants
shall obtain any and all approvals necessary from the owner and/or
operator of the wooden utility poles to be used;
b.
Other approvals. All applicants shall obtain any and all approvals
necessary from any other governmental agency in addition to the owner
and/or operator of the wooden utility poles to be used;
c.
Height. No antenna or attachment to an existing wooden utility pole
shall exceed the height of that pole by more than five feet;
d.
New Poles. No new poles shall be erected for the purpose of placing
Facilities regulated herein. The setting of utility poles is regulated
by the New Jersey Board of Public Utilities ("BPU), the City authorizes
only the utility company to set utility poles in the public rights-of-way
in their normal course as they deem appropriate and/or necessary subject
to BPU regulation;
e.
Pole-Mounted Equipment. Equipment shall be pole mounted at a minimum
of eight feet from the ground and/or shall conform to all Flood Prevention
Ordinance requirements of the City including but not limited to base
flood plus elevations required, whichever is higher in height and
shall be limited to one antenna and one cabinet or other mounted device
at each site per carrier. A single antenna shall not exceed a height
of four feet and two feet in width or two antennas each of a maximum
dimension of a height of two feet and width of one foot. The cabinet
or other mounted device may project beyond the side of the pole no
more than 30 inches;
f.
Ground-Mounted Equipment. No ground-mounted equipment is permitted
on or around any pole;
g.
Color and Conduit. All antennas, conduit and equipment shall be a
color that blends with the wooden utility pole on which it is mounted.
Any cables or wiring attached to the utility pole shall be covered
with an appropriate conduit;
h.
Construction Permits. Subsequent to the issuance of the Zoning Permit,
the permittee shall obtain any necessary permits required pursuant
to the current Uniform Construction Code adopted in New Jersey prior
to installation;
i.
Underground Work. All underground work shall follow standard road
opening permit requirements; and
j.
Co-locate. All carriers shall co-locate and cooperate with each other
to minimize the impact and number of Facilities on and in the public
rights-of-way.
[Ord. No. 1616 (2018) § 6]
The Zoning Officer shall approve or reject the permit application
within 30 days, unless the Zoning Officer determines that the permit
application is incomplete and insufficient for him to either approve
or reject, in which case the Zoning Officer shall inform the applicant
in writing what information is missing. If the application does not
conform to the requirements of this section and no request for a deviation
is made with the application, the Zoning Officer shall reject such
application in writing, stating the reasons therein. If the Zoning
Officer is satisfied that the application conforms to the requirements
of this section, the Zoning Officer shall issue a permit therefor
within 150 days.
[Ord. No. 1616 (2018) § 7]
A Zoning Permit from the Zoning Officer shall confirm compliance
with this section and shall authorize the permittee to apply for construction
permits to undertake the work set forth in the plans filed with the
permit application. The permit shall not grant authority to the permittee
to impinge upon the rights of others who may also have an interest
in the public rights-of-way.
[Ord. No. 1616 (2018) § 8]
a.
Request for Deviations. A Carrier proposing to deviate from one or
more of the provisions of this section shall do so in writing to the
Zoning Officer as part of the permit application. The request shall
identify each provision of this section from which a deviation is
requested and the reasons why a deviation should be granted.
b.
Authority to Grant Deviations. The Zoning Officer shall have no authority to grant a deviation from any conditions of subsection 15-8.4 "Conditions and Requirements". The Zoning Officer shall decide for all other requests whether a deviation is authorized by this section and the Carrier requesting the deviation has demonstrated that:
1.
One or more conditions not under the control of the Carrier (such
as terrain features or an irregular public rights-of-way line or condition)
create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision;
and
2.
All other designs, methods, materials, locations or Facilities that
would conform to the provision from which a deviation is requested
are impracticable in relation to the requested approach.
c.
Additional Conditions for Granting of a Deviation. As a condition
for authorizing a deviation, the Zoning Officer may require the Carrier
requesting the deviation to meet reasonable standards and conditions
that may or may not be expressly contained within this section but
which carry out its purposes.
d.
Material Deviations. In the event the actual size, type, material,
or location of any Facilities installed in the public rights-of-way
deviate in a materially significant way from that which was shown
on the plans submitted with the Zoning Permit application, the permittee
shall file new plans with the Zoning Officer within 30 days of request
or be subject to a stop work order, an order of removal, or a requirement
to apply to the Governing Body for relief.
e.
Referral to Governing Body. If the Zoning Officer determines that the deviation requested (or existing) is a major deviation and/or that practical hardship has not been properly demonstrated, or is a deviation from subsection 15-8.4, the request shall be referred to the Governing Body for review. If the Governing Body denies the request for a deviation, then the permittee shall, within 30 days of said denial, either remove the Facility from the public rights-of-way (if installed) or modify the Facility so that it conforms to this section and submit revised plans to the Zoning Officer therefor for approval.
f.
Review Fees. Any reasonable professional fees incurred by the City
in its review of a request for a deviation or as a result of the installation
of a Facility in violation of this section, and for which no approval
is granted, shall be paid to the City within 30 days and prior to
the issuance of the Zoning Permit as permitted by N.J.S.A. 54:30A-124.
An escrow of $2,500 shall be submitted with the request for deviation
to the construction office to cover such fees and be replenished as
deemed appropriate by the Zoning Officer.
[Ord. No. 1616 (2018) § 9]
a.
Required Coverage and Limits. Each Carrier constructing a Facility
in the public rights-of-way shall secure and maintain commercial general
liability insurance with limits not less than $2,000,000 for injury
or death on one or more persons in any one occurrence and $2,000,000
for damage or destruction in any one occurrence insuring the Carrier
as named insured and listing the City as an additional insured on
the policies.
b.
Copies Required. The Carrier shall provide copy of certificates of
insurance reflecting the requirements of this section to the City
within 10 days following zoning approval and prior to obtaining a
construction permit pursuant to this section.
c.
Self-Insurance. A Carrier may self-insure all or a portion of the
insurance coverage and limit requirements required by paragraph a
of this subsection. A Carrier that self-insures is not required, to
the extent of such self-insurance, to comply with the requirement
for the naming of additional insured under paragraph a or the requirements
of paragraph b of this subsection. A Carrier that elects to self-insure
shall provide to the City evidence sufficient to demonstrate its financial
ability to self-insure the insurance coverage and limit required under
paragraph a of this subsection. Proof of such financial ability to
self-insure shall be provided to the City within 10 days following
the effective date of the Master License Agreement and prior to obtaining
a permit pursuant to this section.
d.
Effect of Insurance and Self-Insurance on Carrier's Liability.
The legal liability of the Carrier to the City and any person for
any of the matters that are the subject of the insurance policies
or self-insurance required by this subsection shall not be limited
by such insurance policies or self-insurance or by the recovery of
any amounts thereunder, however neither the City nor the carrier shall
be liable to the other for consequential, incidental, exemplary or
punitive damages on account of any activity pursuant to this section.
[Ord. No. 1616 (2018) § 10]
Prior to constructing a Facility in the public rights-of-way,
and as a precondition to the issuance of a permit pursuant to this
section, the Carrier shall execute the Master License Agreement, agreeing,
among other things, to indemnify and hold harmless the City against
any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct
of the Carrier, its employees, contractors or agents, except to the
extent such claims or damage may be due to or caused by the negligence
or willful misconduct of the City, or its employees, contractors or
agents. The City will provide the Carrier with prompt, written notice
of any claim covered by this indemnification; provided that any failure
of the City to provide any such notice, or to provide it promptly,
shall not relieve the Carrier from its indemnification obligation
in respect of such claim, expect to the extent the Carrier can establish
actual prejudice and direct damages as a result thereof. The City
shall cooperate with the Carrier in connection with the Carrier's
defense of such claim. The Carrier shall defend the City, at the City's
request, against any claim with counsel of the City's choosing
that is reasonably satisfactory to the Carrier.
[Ord. No. 1616 (2018) § 11]
a.
Right to Revoke Permit. The City Zoning Officer may revoke or suspend
a permit issued pursuant to this section for one or more of the following
reasons:
1.
Materially false or incomplete statements in the permit application;
2.
Non-compliance with one or more provisions this section for which
a deviation has not been allowed;
3.
The permittee's Facilities within the public rights-of-way presents
a direct or imminent threat to the public health, safety, or welfare;
4.
Permittee's failure to construct the Facilities substantially
in accordance with the permit and approved plans; or
5.
Violation of the terms and conditions of the Master License Agreement.
b.
Notice of Revocation or Suspension. The City Zoning Officer shall
send written notice of its intent to revoke or suspend a permit issued
pursuant to this section stating the reason or reasons for the revocation
or suspension and the alternatives available to permittee under this
subsection.
c.
Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.
Upon receipt of a written notice of revocation or suspension from
the City Zoning Officer, the permittee shall have the following options:
1.
Immediately provide the City with evidence that no cause exists for
the revocation or suspension;
2.
Immediately correct, to the satisfaction of the City Zoning Officer,
the deficiencies stated in the written notice, providing written proof
of such correction to the City Zoning Officer within 10 business days
after the receipt of the written notice of revocation, or
3.
Within 10 days remove the Facilities located within the public rights-of-way
and restore the public rights-of-way to the satisfaction of the City
Zoning Officer providing written proof of such removal to the City
Zoning Officer within 10 business days after receipt of the written
notice of revocation. The City Zoning Officer may, in his discretion,
extend the time periods provided in this subsection. To be effective
extensions must be in writing.
[Ord. No. 1616 (2018) § 12]
Notification of Change. A Carrier shall notify the City no less
than 30 days following the transfer of ownership of any Facility in
the public rights-of-way or change in identity of the Carrier. The
rights and obligations given to the Carrier pursuant to the Master
License and Zoning Permit shall be binding on and benefit the new
owner of the Carrier or the Facility, its successors and assigns,
who shall have all the obligations and privileges enjoyed by the former
owner under the Master License Agreement, Zoning Permit, and all applicable
laws, ordinances, rules and regulations, including this section, with
respect to the work and Facilities in the public rights-of-way.
[Ord. No. 1616 (2018) § 13]
a.
Warning Signs, Protective Devices, and Flaggers. The Carrier is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary for protection of the public and the Carrier's
workers when performing work on the public rights-of-way.
b.
Interference with Traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
c.
Compliance. The Carrier shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the Carrier's attention by the City Zoning Officer, City Engineer,
Fire Department, or Police Department.
[Ord. No. 1616 (2018) § 14]
a.
Notice. Within 30 days following written notice from the City, any
Carrier with Facilities in the public rights-of-way shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any Facilities whenever the City determines
that (a) such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation
of any City improvement in or upon the public rights-of-way; or (b)
because the equipment is interfering with or adversely affecting proper
operation of the light or other poles; or (c) the widening of the
public rights-of-way. In such instance, the City of Sea Isle City
shall cooperate with Carrier to find a replacement location for the
Facility that will provide similar radio frequency coverage to the
Facility removed or relocated.
b.
Removal of Unauthorized Facilities. Within 30 days following written
notice from the City Zoning Officer to any Carrier that owns, controls,
or maintains any unauthorized Facility or related appurtenances within
any public rights-of-way shall, at its own expense, remove all or
any part of such Facilities or appurtenances. A Facility is unauthorized
and subject to removal, but not limited to, in the following circumstances:
1.
Upon expiration or termination of the permittee's license, unless
otherwise permitted by applicable law,
2.
If the Facility was constructed without the prior grant of a Zoning
Permit,
3.
If the Facility was constructed without prior issuance of a required
construction permit,
4.
If the Facility was constructed at a location not permitted by the
permittee's permit, or
5.
Upon abandonment of the Facility. Abandonment will be presumed where
a Facility has not been used for the purpose for which it was installed
for a period of 90 consecutive days, or more, and where there have
been no efforts to repair or renew the use during the ninety-day period.
The Carrier owning, controlling or maintaining the Facility shall
have the burden of establishing to the City Zoning Officer that the
Facility is still being used within 30 days of the notice. All notices
described herein shall be in writing and sent by recognized national
overnight courier (e.g., U.S. Postal, Federal Express or UPS) for
which proof of delivery is supplied. Failure to respond to the City
Zoning Officer's request for information regarding the abandonment
of the Facility shall constitute a presumption of abandonment. Upon
the City Zoning Officer's determination and final written notification
to the Carrier of such abandonment the Carrier shall have 60 days
within which to:
(a)
Reactivate the use of the Facility or transfer the Facility
to another entity which makes actual use of the Facility promptly;
or
(b)
Dismantle and remove the Facility and notify the City Zoning
Officer in writing of the completion of such removal.
|
If the entity believes that the determination of abandonment
by the City Zoning Officer is incorrect it may file a written appeal
with the Governing Body within 45 days of the City Zoning Officer's
determination. If the entity fails to prevail on appeal, or fails
to reactivate, or transfer to another active user or remove the service
facility the City shall have the right to have the Facilities removed
at the Carrier's sole expense. The City shall be entitled to
reimbursement for all costs and expenses associated with the removal
of any Facility thereafter.
|
[Ord. No. 1616 (2018) § 15]
Upon completion of all construction or maintenance of Facilities,
the Carrier shall remove all debris and restore the right-of-way to
a clean and safe condition in a timely manner and to the satisfaction
of the City Zoning Officer.
[Ord. No. 1616 (2018) § 16]
a.
General. Facilities within public rights-of-way shall be maintained
by or for the Carrier at the Carrier's sole expense. Carrier
shall not damage the public right-of-way and shall keep the public
right-of-way free of all debris. If any portion of the public right-of-way
suffers damage by reason of access by Carrier, then in that event,
Carrier, at its sole cost and expense, shall immediately repair all
such damage or replace the damaged portion of the public right-of-way
and restore the damaged portion of the property to its condition prior
to the occurrence of such damage.
b.
Emergency Maintenance Procedures. The noncompliance with normal procedures
for securing a required permit shall be excused when a Carrier reasonably
determines that an emergency exists.
1.
If an emergency creates a hazard on the traveled portion of the public
rights-of-way, the Carrier shall take immediate steps to provide all
necessary protection for traffic on the roadway including the use
of signs, lights, barricades or flaggers.
2.
In an emergency, the Carrier shall, as soon as practical, notify
the City Zoning Officer or his or her duly authorized agent and the
Sea Isle City Police Department of the emergency, informing him or
her as to what steps have been taken for protection of the traveling
public and what will be required to make the necessary repairs. On
nights and weekends, the Carrier shall notify the Sea Isle City Police
Department of an emergency if the City Zoning Officer is unavailable.
If the nature of the emergency is such as to interfere with the free
movement of traffic, the Sea Isle City Police Department shall be
notified immediately. To the extent that the City of Sea Isle City
has actual knowledge of the displacement or damage to any Facility,
it shall inform Carrier upon learning of the same.
[Ord. No. 1616 (2018) § 17]
Nothing in this section shall be construed as limiting any additional
or further remedies that the City may have for enforcement of this
section or the right of a Carrier to appeal any decision to the State
courts of New Jersey or the United States District Court for the District
of New Jersey.
