[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 5-19-1999 by Ord. No. 99-13. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A 48:17-10, N.J.S.A, 48:17-11, and
N.J.S.A. 48:17-12, permission and consent is hereby granted to Bell Atlantic-New
Jersey, Inc., (the "company"), its successors and assigns, to install, operate,
inspect, maintain, repair, replace and remove its communications facilities
and other transmission or process equipment, including underground facilities,
such as conduits, manholes, cables, wires and all other facilities appurtenant
thereto, and aboveground 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 streets and ways, which include
the roads, avenues, right-of-way, sidewalks, 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 Borough of Seaside Heights
(the "borough") for said company's local and through lines and other communications
facilities in connection with the transaction of its business. In the event
that any public street or way where the company has facilities is vacated
by the borough, the borough agrees to reserve unto said company the rights
granted the company by the present ordinance.
All poles, posts, pedestals, cabinets or other facilities shall be located
and placed back of the curblines where shown on the official map(s) of the
borough; the poles and posts, however, shall be located within 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 the 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 streets and ways as may be mutually agreed upon
between the parties.
The company may bury its local and through communications facilities,
such as cables, conduit, manholes and associated equipment, fixtures, process
equipment and appurtenances, within the right-of-way of the various public
streets and ways and at such locations as shall be mutually agreed upon by
the parties for said company's local and through lines and communications
facilities. Underground conduits and associated facilities, as aforementioned,
shall be placed at least 18 inches below the surface of said public streets
and ways, and with the exception of lateral branches to curb poles and property
lines and other facilities, the same shall generally not be constructed more
than 10 feet from the curbline, unless obstructions make it necessary to deviate
from such course or unless the parties mutually agree to another location.
Manholes shall be located at such points along the line of underground conduits
as may be necessary or convenient for placing, maintaining and operating the
facilities, as aforementioned, which the company may from time to time use
in connection with its underground conduit system, and 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.
Before proceeding with any new construction or relocation work in an
area covered by this ordinance, the company shall give prior notice in writing
thereof to the borough, through its designated representative, of its intention
to perform such work. The company shall obtain such street opening or excavation
permits as may be lawfully required by any applicable ordinances regulating
such openings or excavations. Any such area affected by the company in constructing
its facilities shall be restored to as good condition as it was before the
commencement of work thereon. No public streets or ways shall be encumbered
for a period longer than shall be reasonable to execute the work.
The company agrees to indemnify and save harmless the borough from and
against all claims and liabilities resulting from any injury or damage to
the person or property of any person, firm or corporation caused by or arising
out of road conditions resulting from any negligent or faulty excavations,
installation or maintenance connected with the work or equipment of said company
and not attributable to the fault or negligence of the borough, except that
if such injury or damage shall be caused by the joint or concurring negligence
or fault of the company and the borough, the same shall be borne by them to
the extent of their respective fault or negligence.
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 in conjunction with road construction being performed
by the borough, the company shall change the location of its aboveground facilities
covered by this ordinance in accordance with applicable law, so that the same
shall be back of, and adjacent to, the new curbline, so long as the borough
has acted in accordance with applicable law and with reasonable care in establishing
the new curbline and providing notice thereof.
Any company or corporation having legal authority to place its facilities
in the public streets and ways of the borough may jointly use the company's
poles, posts, pedestals or other structures 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 the present ordinance.
The company shall provide space, to the extent available, on its poles,
so long as said poles are occupied by the company, and space, to the extent
available, in its main conduits existing on the date of passage of this ordinance,
but not exceeding one duct of standard size, for the sole benefit of the borough
during the pendancy of this ordinance. Such space shall be provided for the
exclusive use of the borough which use shall be limited to accommodating the
wires or electrical conductors required for one-way signal control in connection
with municipal police patrol, fire alarm signal control and traffic signal
control systems only but for no other uses or 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 borough
shall interfere with the plant or facilities of or the use thereof by the
company. All costs or expenses incurred by the company in connection therewith
shall be paid by the borough. It shall be the obligation of the borough to
attach its wires to the poles or place its electric conductors in the conduits
or manholes of the company, provided that before proceeding with said work,
either by itself or by a person, firm or corporation engaged to perform such
work, the borough shall give the company 30 days prior notice in writing.
All such work shall be performed under the supervision of said company. The
borough will indemnify and save harmless the company from and against all
claims, liabilities or demands arising in any manner in connection with the
borough's wires or facilities or their installation, maintenance, operation
or removal, or the borough's use or enjoyment of the company's plant or facilities
provided under this section.
If any or all of the said streets or ways are later taken over by the
County of Ocean or the State of New Jersey, such county or state shall have
such rights and privileges and be subject to the same terms, conditions and
limitations of use as apply herein to the borough; provided, however, that
satisfactory prior arrangements as may be necessary are made with the borough
and the company for the full protection of the respective interest of each.
The term "borough" as used in this ordinance shall be held to apply
to and include any form of municipality or government into which the borough
or any part thereof may at any time hereafter be changed, annexed or merged.
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 the company, its predecessors, successors, or assigns
within the borough. This ordinance shall cancel and supersede all prior consent
ordinances between the borough and the company regarding the subject matter
hereof.
The company shall maintain its property within the borough and shall
comply with applicable law for the provision of safe, adequate and proper
service at just and reasonable rates and safeguard the public interest in
continuous and uninterrupted service within the borough.
In the event that any provision herein shall for any reason be illegal
or unenforceable under applicable law, such illegality or unenforceability
shall not affect any other provisions of this ordinance, and this ordinance
shall be construed as if such illegal or unenforceable provision(s) had never
been contained herein.
The company shall pay the expenses incurred for advertising required
in connection with the passage of this ordinance, after the date of its first
reading, within 30 days after the company has received a bill for said advertising
from the publisher. Following final passage of this ordinance, the Borough
Clerk shall provide the company with written notice thereof by certified mail.
As provided by applicable law, this ordinance, and any subsequent amendments,
shall not become effective until acceptance thereof by the company and approval
thereof by the Board of Public Utility Commissioners.