[HISTORY: Adopted by the Township Council of the Township of Lopatcong 9-16-1981
as Ord. No. 355. Amendments noted where applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch. A249.
Pursuant to the provisions of N.J.S.A. 48:17-10 and N.J.S.A. 48:17-11, and subject to the provisions of § A255-4 hereof, permission and consent is hereby granted to the New Jersey Bell Telephone Company, its successors and assigns to erect, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its communications facilities and other transmission or process equipment, including underground facilities, such as conduits, manholes, cables, subways and facilities appurtenant thereto, and aerial and buried facilities, such as cables, wires, antennas, poles, posts, supports, guys, pedestals, cable termination and distribution cabinets and all other facilities appurtenant thereto, in, through, upon, along, over, under and across all of the various public ways, sidewalks, streets, roads, avenues, highways, bridges, waterways and other public places and parts thereof throughout their entire length and to effect the necessary street openings and lateral connections to curb poles, property lines and other facilities in the Township of Lopatcong for said company's local and through lines and other communications facilities in connection with the transaction of its business. All public ways, including, by way of illustration and not of limitation, the various sidewalks, streets, roads, avenues, highways, bridges and waterways and other public places and parts thereof, throughout their entire length located in this municipality are hereby designated and prescribed for the uses and purposes of said company as aforementioned.
All poles, posts, pedestals, cabinets or other facilities hereafter
to be erected, constructed, reconstructed, located, relocated, maintained,
repaired or operated shall be located and placed back of the curblines where
shown on the Official Map(s) of the Township of Lopatcong; the poles and posts,
however, shall be located within eighteen (18) inches of the face of such
curbline or as may otherwise be mutually agreed by both parties or at the
points or places now occupied by the poles, posts, pedestals, cabinets or
other facilities of New Jersey Bell Telephone Company, its successors and
assigns and, where there are no curblines, at other convenient points or places
in, upon, along, adjacent or across the public ways, streets, roads, avenues,
highways or other public places as may be mutually agreed upon between the
parties.
A.
New Jersey Bell Telephone Company may bury
its cables and associated equipment, fixtures, process equipment and appurtenances
within the right-of-way of the various public ways, sidewalks, streets, roads,
avenues, highways and other public places and parts thereof and at such location
as shall be mutually agreed upon by the parties for said company's local
and through lines and communications facilities.
B.
Underground conduits shall be placed below
the surface of said public ways, sidewalks, streets, roads, avenues, highways
and other public places and parts thereof, and with the exception of lateral
branches to curb poles and property lines and other facilities, said conduits
generally shall not be constructed more than ten (10) feet from the curbline,
unless obstructions make it necessary to deviate from such course or unless
the parties mutually agree to another location. Underground conduits shall
be placed at eighteen (18) inches below the surface.
C.
Manholes shall be located at such points along
the line of subways or underground conduits as may be necessary or convenient
for placing, maintaining and operating the facilities, cables, conductors
and other appurtenances or process equipment which said company may from time
to time place in said subways or underground conduits and which shall be so
constructed as to conform to the cross-sectional and longitudinal grade of
the surface so as not to interfere with the safety or convenience of persons
or vehicles.
A.
Before proceeding with any new construction
or relocation work in an area covered by this ordinance, New Jersey Bell Telephone
Company shall give prior notice, in writing, thereof to the Township of Lopatcong,
by its designated representative, of its intention to perform such work, including
therewith a map or plan showing the location and size of such facilities.
Such maps or plans are for information of the municipality only and shall
not be considered as construction specifications upon which subsequent excavation
or other work may proceed either by the municipality or a third party. Upon
completion of construction, as-built maps or plans shall be furnished to the
municipality forthwith.
B.
Prior to the opening or excavating of any public
ways, sidewalks, streets, roads, avenues, highways or other public places
or parts thereof for the purpose of installing, maintaining or operating its
underground systems as aforementioned, the company shall only be required
to first obtain such street opening or excavation permits and pay such reasonable
fees therefor as may be required to cover the costs of administration and
inspection as provided by any ordinances regulating such openings or excavations.[1]
The surface of the public ways, sidewalks, streets, roads, avenues,
highways and other public places and any pavement or other surface and/or
planting disturbed by New Jersey Bell Telephone Company in constructing its
facilities shall be restored to as good condition as it was before the commencement
of work thereon. No highways or other public ways shall be encumbered for
a period longer than shall be necessary to execute the work. Such restoration
shall be subject to the approval of the Township of Lopatcong after an inspection
by its authorized representative upon completion of the work. The municipality
has the right to conduct inspections during the course of the work.
Whenever a curbline shall be established on streets where one does not
now exist or where an established curbline shall be relocated in order to
widen an existing street or highway in conjunction with road construction
being performed by the Township of Lopatcong, New Jersey Bell Telephone Company
shall change the location of its poles, pedestals and related appurtenances
so that the same shall be back of and adjacent to the new curbline so established,
upon receipt of notice that the curbline has been so established, so long
as the municipality has acted with reasonable care in establishing the new
curbline and providing notice thereof.
Any company or corporation having legal authority to erect and maintain
poles, posts or pedestals upon any of the public ways, sidewalks, streets,
roads, avenues, highways or other public places in the Township of Lopatcong
may jointly use the company's poles, post, pedestals or other structures
for all lawful purposes, provided that the New Jersey Bell Telephone Company
consents to such use and on terms and conditions acceptable to the New Jersey
Bell Telephone Company and not inconsistent with the provisions of the present
ordinances.
A.
New Jersey Bell Telephone Company shall provide,
without charge, for the sole benefit of the Township of Lopatcong and for
as long as this ordinance shall continue in effect, space on its poles so
long as said poles are occupied by the company, and space, to the extent available,
in its main subways, but not exceeding one (1) clear duct of standard size,
solely to accommodate the wires or electrical conductors required for one-way
signal control in connection with this municipality's police patrol,
fire alarm signal control and traffic signal control systems only and for
no other uses or purposes, except municipal purposes, either alone or in conjunction
therewith, nor for circuits for the supply of electrical energy for traffic
or other signals, nor for wires, conductors, cable or the equivalent which
provide a means of transmitting any signal to a private commercial or residential
location and which is normally provided by a nongovernmental supplier; provided,
further, that no such use or attachment by the municipality shall interfere
with the plant or facilities of or the use thereof by the company. All reasonable
costs or expenses incurred by the company in connection therewith shall be
paid by the Township of Lopatcong.
B.
Before proceeding with the attachment of its
wires to the poles or the placing of its electrical conductors in the main
subways or manholes of the company, either by itself or by a person, firm
or corporation engaged to perform such work, the Township of Lopatcong shall
give the company thirty (30) days' prior notice, in writing. All such
work shall be performed under the supervision of said company. If any or all
of said streets or highways are later taken over by the Board of Chosen Freeholders
of the County of Warren or the State of New Jersey, Department of Transportation,
such Board of Chosen Freeholders or the Department of Transportation shall
have such rights and privileges and be subject to the same terms, conditions
and limitations of use as herein granted by this ordinance to the Township
of Lopatcong; provided, however, that satisfactory prior arrangements as may
be necessary are made with the Township of Lopatcong and the company for the
full protection of the respective interests of each.
In the event of vacation of any public streets or ways by the Township
of Lopatcong, the municipality agrees to reserve unto New Jersey Bell Telephone
Company the rights granted the company by the present ordinance for facilities
existing at the time of such vacation.
The Township of Lopatcong agreed to indemnify and save harmless and, in the event of suit, to defend New Jersey Bell Telephone Company from and against all losses, costs, damages, claims or demands arising out of or caused or alleged to have been caused in any manner by the use or enjoyment by the Township of Lopatcong of the company's utility poles, plant or facilities, including location in the subways of the company of any wires or electrical conductors of the Township of Lopatcong in accordance with §§ A255-8 and A255-9 above, including all suits or actions of every kind or description brought against the company, either individually or jointly with the Township of Lopatcong or another, including those brought by employees of said municipality for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by or on account of the performance of any work by the Township of Lopatcong associated with the installation or maintenance of any such wires, cables, electrical conductors or other facilities either attached to said company's utility poles or located in its main subways or through any negligence or alleged negligence in performing such work operations or through any act, omission or fault or alleged act, omission or fault of the Township of Lopatcong, its employees or agents.
A.
Following final passage of this ordinance and
acceptance thereof by New Jersey Bell Telephone Company, the permission and
consent granted herein shall continue and be in full force and effect for
a period of twenty (20) years from the date of its approval by the New Jersey
Board of Public Utilities as required by law, subject to the right of the
company to seek such changes herein as it may deem necessary and reasonable
from time to time and prior to the expiration of said period.
B.
New Jersey Bell Telephone Company, for itself,
its successors and assigns, agrees to maintain its property within the Township
of Lopatcong in good order throughout the full term of the present ordinance,
shall furnish safe, adequate and proper service within the Township of Lopatcong
at just and reasonable rates, and at and after expiration of the term of the
present ordinance, agrees to safeguard the public interest in continuous and
uninterrupted service within the Township of Lopatcong.
New Jersey Bell Telephone Company agrees to indemnify and save harmless
the Township of Lopatcong from and against all costs or expenses resulting
from any loss of life or property or injury or damage to the person or property
of any person, firm or corporation, including but not limited to the parties
hereto and their respective officers, agents and employees, and from any and
all claims, demands, liabilities or actions for such loss, injury or damage
caused by or arising out of road conditions resulting from any excavation,
installation or maintenance connected with the work or equipment of said company,
or both, when not attributable to the fault, failure or negligence of the
Township of Lopatcong, except that if such loss, injury or damage shall be
caused by the joint or concurring negligence or fault of the company and the
Township of Lopatcong, the same shall be borne by them to the extent of their
respective fault or negligence.
Nothing herein contained shall be construed to grant unto said New Jersey
Bell Telephone Company, its successors and assigns an exclusion right or to
prevent the granting of permission and consent to other companies for like
purposes on any of the streets, roads, avenues or highways of the Township
of Lopatcong.
As used in this ordinance, the following terms shall have the meanings
indicated:
Applies to and includes any form of municipality or government into
which the Township of Lopatcong or any part thereof may at any time hereafter
be changed, annexed or merged, and the term "township" or any other term herein
used in referring to the governing body of the Township of Lopatcong shall
be held to apply to and include the governing body of such other form of municipality.
The permission and consent hereby granted shall apply to and cover all
communications facilities of the company existing at any time and related
structures, process equipment and appurtenances heretofore or hereafter erected,
constructed, reconstructed, removed, located, relocated, replaced, maintained,
repaired or operated by New Jersey Bell Telephone Company, its predecessors,
successors or assigns within the Township of Lopatcong.
Upon adoption, this ordinance will cancel and supersede an ordinance
enacted on September 26, 1931, by the Township of Lopatcong.
New Jersey Bell Telephone Company shall pay the expenses incurred for
advertising required in connection with the passage of this ordinance, after
the first reading, within thirty (30) days after the company has received
a bill for said advertising from the publisher.
Upon passage of this ordinance, in accordance with law, the Municipal
Clerk shall provide New Jersey Bell Telephone Company with a written notice
thereof by certified mail. Said company shall file with the Municipal Clerk
its written acceptance of said ordinance within thirty (30) days after receipt
of said notice.
This ordinance shall take effect upon approval by the Board of Public
Utility Commissioners of the State of New Jersey, in accordance with N.J.S.A.
48:2-14.
