[Adopted 7-14-2008 by Ord. No. 1052]
It is the intent and purpose of this article
to set forth the general conditions and guidelines for the placement
of telecommunications facilities, as defined herein, throughout the
Township of Little Falls.
The following words and phrases shall have the
following meanings in this article:
Every telegraph and telephone company which has received
permission pursuant to this article.
The permission which may be granted by the Township pursuant
to this article.
Cables, poles, ducts, conduits and associated fixtures, process
equipment and appurtenances used in connection with providing telecommunications
services.
Each and every Township road, street and highway. (see Ord. No. 753, § 223-6.)
Pursuant to the provisions of Title 48 of the
Revised Statutes of New Jersey, every company desiring permission
to use Township streets for its telecommunications facilities shall
make application to the Township Clerk. The Township Council may grant
such permission, subject to the terms, restrictions and limitations
of this article and any resolution passed in furtherance of each individual
application.
Every company which has received permission
may, within the terms, restrictions and limitations of this article
and any resolutions passed in furtherance of each individual application,
erect, construct, remove, relocate, replace, inspect, maintain, repair
and operate its telecommunications facilities in, through, upon, along,
over, under, and across the entire length of Township streets, and
effect the necessary street openings and lateral connections to curb
poles, property lines, and other facilities for the company's local
and through lines and other communications facilities.
Permission to the company shall apply to the
company and its successors or assigns.
All poles, posts, pedestals, cabinets, and other
facilities shall be located and placed behind the curblines where
shown on the Official Map(s) of the Township; provided, however, that
poles and posts shall be located within 18 inches of the face of such
curblines, as may otherwise be agreed upon by the company and the
Township Engineer, or at the points or places already occupied by
poles, posts, pedestals, cabinets, or other facilities of the company
at the time it received permission.
A.
The company may bury its telecommunications facilities
within the right-of-way of streets at such locations as may be agreed
upon by the company and the Township Engineer or such other necessary
department heads as designated by the Township Engineer.
B.
Underground facilities shall be placed below the surface
of streets and, with the exception of lateral branches to curb poles
and property lines and other facilities, shall generally be constructed
not more than 10 feet from the curbline unless obstructions make it
necessary to deviate from such course or unless another location is
authorized by the Township Engineer. Underground facilities shall
be placed at least 18 inches below the surface.
C.
Manholes shall be located at such points along the
underground telecommunications facilities as may be necessary or convenient
for placing, maintaining, and operating the company's facilities and
shall be constructed 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.
D.
In subdivisions where utilities are installed underground,
the company shall install all of its telecommunications facilities
at or below grade, except that lots in such subdivisions which abut
streets with aboveground utilities may be supplied with telephone
service from existing overhead lines or extensions thereof if the
service connections from the overhead lines shall be installed underground.
E.
The Township Engineer shall have final authority as
to all decisions as to the final location and/or placement of any
telecommunications facilities with the Township.
Before proceeding with any new construction
or relocation work, the company shall give prior written notice to
the Township Engineer, including therewith a map or plan showing the
location and extent of such work. Such maps or plans are for information
of the Township only and shall not be considered as construction specifications
upon which the Township or any third party may rely for subsequent
excavation or other work.
Prior to the opening or excavating of any street,
the company shall obtain such street opening or excavating permits,
and pay such fees therefor as may be lawfully required, as provided
by any ordinances regulating such openings or excavations. No building
permits or zoning variances shall be required for the company's telecommunications
facilities.
Every street, and any pavement or other surface
or planting, which is disturbed by the company in constructing its
telecommunications facilities shall be restored to as good condition
as it was before the commencement of work. Such restoration shall
be subject to approval of the Township Engineer.
No company shall encumber any street for a period
longer than shall be necessary to execute its work.
Whenever a curbline shall be established on
a street 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,
the company shall change the location of its aboveground telecommunications
facilities, covered by this article, 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 having legal authority to install
telecommunications facilities in the Township may jointly use the
company's telecommunications facilities for all lawful purposes, provided
the company consents to such use, on terms and conditions acceptable
to the company and not inconsistent with the provisions of this article.
Each company shall indemnify and save harmless
the township from and against all costs or expenses resulting from
the loss of life or property, injury or damage to the person or property
of any person, firm, or corporation caused by or arising out of conditions
resulting from negligence or fault connected with the work or equipment
of the company, when not attributable to the negligence or fault of
the Township; 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, the same shall be borne by them to extent of their
respective degrees of negligence or fault. Each company shall, if
required by the Township Attorney, execute any and all documents necessary
to indemnify and hold the Township harmless pursuant to the terms
hereof together with any and all other documents necessary to fully
implement the intent and spirit of this article and any subsequent
resolutions.
In addition to the aforesaid indemnity agreement, each company shall, at its own cost and expense, procure and keep at all times in full force and effect paid up policies for comprehensive general liability insurance in favor of the Township, as its interest may appear, in the amount of at least $5,000,000, inclusive of umbrella coverage, and including contractual liability coverage, covering bodily injury and property damage arising out of any one accident. Proof of said coverage, naming the Township as an additional insured and including the indemnification coverage required by § 223-50 shall be filed with the Township Clerk prior to the installation of any plant. The Township shall have the right to increase the amount of comprehensive general liability insurance and to alter the terms of insurance called for under this article.
Nothing in this article shall be construed to
grant to any company an exclusive right, or to prevent the granting
of permission to other companies for like purposes on the streets
of the Township.
A.
The company shall pay any and all costs incurred by
the Township in the review and approval/denial of its application(s)
for the erection, construction, reconstruction, removal, location,
relocation, replacement, inspection, maintenance, repair and operation
of its telecommunications facilities in, through, upon, along, over,
under, and across the entire length of Township streets. These costs
shall include those incurred by the Township for engineering and technical
review, for associated attorneys' fees, and/or any other expert fees
if the Township requires the services of any consultant or expert
to render advice or recommendations as to the placement of telecommunications
facilities or any other matter with regard to the implementation of
the terms of this article.
B.
The company shall also pay the expense incurred for
advertising required in connection with granting permission, within
30 days after the company has received a bill for said advertising
from the publisher.
If any street where the company has telecommunications
facilities is vacated by the Township, the Township shall reserve
to the company the rights granted to the company by this article.
Following final passage of an ordinance granting
permission, the Township Clerk shall provide the company with written
notice thereof by certified mail. As provided by applicable law, permission
shall not become effective until acceptance thereof by the company
and approval thereof by the Board of Public Utilities.
Permission was granted to New Jersey Bell Telephone
Company, its successors and assigns, through August 19, 2024. The
consent granted shall continue through August 19, 2024, provided that
any inconsistent provisions thereof are amended and superseded by
the provisions of this article, subject to such approval by the New
Jersey Board of Public Utilities as may be required by law.
Upon permission being granted to any subsequent
telecommunications companies, such permission shall be for 15 years;
however, such permission and authority shall be automatically extended
for additional periods of five years each, provided that the individual
telecommunication company(ies) provide(s) a written notice prior to
the expiration of the applicable period that it is confirming the
further extension with the Township. Any extensions shall be subject
to any new regulations and/or restrictions enacted by the State of
New Jersey and/or municipal ordinance. Either party may hereafter
cancel such permission and authority with a minimum of one year's
prior written notice to the other.
