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Linden City Zoning Code

§ 31-50.2.5

Other Public ROW Installation Requirements.

[Added 6-15-2021 by Ord. No. 65-25]
a. 
General Principles.
1. 
The City shall have the power to establish reasonable and nondiscriminatory limitations on the placement of new or additional facilities within specific congested segments of the public ROW if there is insufficient space to accommodate all of the requests of applicants or other persons to occupy and use the public ROW. In making such decisions, the City shall to the extent possible accommodate all existing users and potential users (i.e. those who have submitted an application to deploy facilities within the public ROW) of the public ROW, and shall be guided primarily by considerations of the public interest, the width and physical condition of the public ROW, the time of year with respect to essential utilities, the protection of existing facilities in the public ROW and established plans for public improvements and development projects which have been determined to be in the public's interest.
2. 
Leasing of excess space in ducts, conduits and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees or licensees of such physical facilities must still comply with the terms of this section, unless otherwise expressly exempted by the City.
3. 
An occupant of the public ROW shall employ due care during the installation and maintenance process, and comply with all safety and public ROW-protection requirements of applicable Federal, State and local Laws (and any generally applicable City guidelines, standards and practices), and any additional commonly accepted safety and public ROW protection standards, methods and devices (to the extent not inconsistent with applicable laws). All facilities under the streets of the City shall be kept and maintained in a safe and well-ordered condition, and in good order and repair.
(a) 
Any permittee occupying any portion of the public ROW shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs and lights appropriate to the level of complexity of the activity in order to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices.
(b) 
Occupants of the public ROW with open excavations awaiting final restoration shall maintain all devices until the City notifies the occupant in writing that the City or the City's designated contractor is assuming responsibility for traffic control.
(c) 
Each occupant shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the occupant's field employees and contractors for all job sites within the public ROW.
4. 
Location of Existing Facilities.
(a) 
An occupant of the public ROW shall not place any fixtures or equipment where the same will interfere with any existing facility, and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any public ROW.
(b) 
To minimize disruption of public passage or infrastructure, to forestall or relieve overcrowding of the public ROW, or to protect Historic Property or environmentally sensitive areas, the City may require, as a condition of issuing any permit for placement of underground facilities that the occupant place empty conduits in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the City's use. The occupant shall cooperate with the City in any such construction, provided that the City has first notified the occupant in writing that it is interested in sharing the trenches or bores in the area where the construction is occurring. The occupant shall allow the City to place its infrastructure in the occupant's trenches and bores as requested by the City, provided that the City incurs an incremental share of the costs of trenching, boring, and placing the conduit/infrastructure. The City shall be responsible for maintaining is facilities buried in the trenches and bores or otherwise placed in the public ROW under this subsection.
(c) 
Before beginning excavation in any public ROW, an occupant shall contact the regional notification center for subsurface installations (One-Number Locator Service) to determine possible conflicts.
5. 
Relocation of Existing Facilities.
(a) 
If relocation of facilities is required as a result of any public project, the City shall provide the greatest practical advance notice to the affected occupants of the public ROW and shall facilitate the greatest reasonable project coordination among the affected occupants, whereas coordinated sequencing dependencies are common. Generally, projects of greater scale and scope will have a longer planning horizon, and commensurate notice.
(b) 
The objective of the relocation process recognizes the mutual obligations and responsibilities of the City and the public ROW occupants to avoid or minimize service disruption and to timely and economically complete the public project. Public ROW occupants are obligated to proceed with diligent speed and attention so as to not unreasonable delay or complicate a public project.
(c) 
As general guidance, projects involving a public project of greater than $100,000, or more than 10 utility poles, or more than 1,000 frontage feet of public roadway would be smaller projects; and projects greater than any of the above would be larger projects. A reasonable, general expectation is that that smaller projects would provide 90 days' notice, and larger projects would provide 180 days' notice to complete the relocation of the public ROW occupants.
(d) 
Unless otherwise provided by applicable laws, the occupant, at no cost to the City, shall accomplish the necessary relocation within a reasonable time from the date of the notification, but, in no event, no later than seven days prior to the date the City has notified the occupant that it intends to commence its work which mechanically requires the occupant's relocation, or immediately in the case of emergencies. With as much notice as possible, but in no event less than 180 days following written notice from the City, a provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any Communications Facility.
(e) 
Facility within the public ROW whenever the City has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance or installation of any City improvement in or upon, or the operations of the City in or upon, the public ROW. The City will use its best efforts to accommodate the provider's request for relocation of the Communications Facility.
(f) 
Except as provided in § 31-50.2.5a4(b), the City may not directly or indirectly require an applicant to perform services unrelated to the Communications Facility or support structure for which approval is sought, such as in-kind contributions, except reserving fiber, conduit or pole space for the City. Notwithstanding the foregoing, an applicant may offer in-kind contributions related to Communications Facility or support structure for which approval is sought, on a reasonable and nondiscriminatory basis, including by contributing the cash value of an in-kind contribution already provided by another party.
6. 
In the event of an emergency where any Communications Facility in the public ROW creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of such Communications Facility, and charge the occupant for actual and reasonable costs incurred. The City shall engage the emergency contact information of record or best available, if possible, for prior notice, and if not possible because of emergent and imminent danger, shall notify the occupant promptly afterwards. Ten days after notification as outlined in this subsection, the City may remove any Communications Facilities that obstructs the progress of a public project. All costs associated with any removal or protection of communications equipment shall be the sole responsibility of the provider.
7. 
Abandonment of Facilities.
(a) 
Any occupant of the public ROW that intends to permanently discontinue use of any facilities within the public ROW shall notify the City in writing within 30 days prior to abandonment. Such notice shall describe the facilities for which the use is to be discontinued, and the date of discontinuance of use. Upon notification, the City will choose from the following options within 14 days or any other agreed upon option, and so notify the occupant of its decision:
(1) 
Abandon the facilities in place and the occupant shall further convey full title and ownership of such abandoned facilities to the City. The occupant is responsible for all obligations of the facilities, or other associated liabilities until the conveyance to the City is completed; or
(2) 
The facilities shall be removed and the occupant shall be liable for removing the facilities at its own cost. If an occupant fails to remove facilities that the City requires it to remove, after 90 days notice to the occupant, the City may perform the work and shall be entitled to collect the cost from the occupant its successors and/or assigns.
b. 
Additional Requirements.
1. 
General. All deployments of Communications Facilities in the public ROW shall comply with the following:
(a) 
Compliance with ADA and other applicable Federal, State and local laws and standards.
(b) 
Pedestrian and vehicular traffic and safety requirements established by the City.
(c) 
Existing public ROW occupancy or management ordinances, not otherwise inconsistent with this section.
2. 
Additional permits. In addition to obtaining a Permit for installation of a Communications Facility in the public ROW, an applicant must obtain the following additional permits and approvals, as well as provide notice where indicated:
(a) 
Notification to Hoplite for all work contemplated in this section, pursuant to § 31-50.2.1.
(b) 
Construction Permit (including building and electrical subcodes), per statutory fees established by uniform construction code regulations contained in N.J.A.C. 5:23.
(c) 
Zoning Permit, as applicable, per this section and the City Chapter 31, Zoning code.
(d) 
Street Opening Permit, if applicable, per City Code Chapter 15, Streets and Sidewalks.
(e) 
Telecommunications Consultation and Review performed by Hoplite, to include permit review, construction oversight for code and zoning compliance and post-installation inspection to ensure compliance with the technical specifications.
(f) 
Engineering Review by an outside consultant, as needed.
(g) 
Discretionary Approvals: For Small Wireless Facilities applications not subject to Administrative Review, pursuant to the general and district zoning provisions of Chapter 31, Zoning Code.
3. 
Placement of facilities. The City engineer may assign specific corridors within the public ROW, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology that the City engineer expects will someday be located within the public ROW. All excavation, obstruction, or other permits issued by the City engineer involving the installation or replacement of facilities shall designate the proper corridor for the facilities.
c. 
Existing Utility Easements in the Public Right-of-Way.
1. 
Applicants will work with the City engineer to coordinate and protect existing utilities in the public ROW.
2. 
Applicants will coordinate with the City engineer all public safety considerations prior to and during installation in the public ROW to ensure public safety response in the case of gas line, water line or electric City disturbance.