[Adopted 5-5-2009 by Ord. No. 2009-5[1]]
[1]
Editor's Note: The former telephone franchise included in
this Art. 1, adopted 10-7-1948 by Ord. No. 1:3-48, was in place for
a franchise term of 50 years.
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, nonexclusive permission and consent is hereby
granted to United Telephone of New Jersey, Inc. ("company"), its successors
and assigns, to erect, construct and maintain the necessary poles,
wires/cables, conduits, or other fixtures in, upon, along, over or
under any public street, road, or highway, 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 Chester (the "Township") for said company's local
and through lines in connection with the transaction of its business.
This ordinance does not authorize placement of wireless telecommunications
facilities within the Township's rights-of-way. This ordinance also
does not authorize company to construct switching stations in the
Township's rights-of-way without separate permission. The term of
this ordinance shall be five years.
All poles and aboveground facilities hereafter located within
the rights-of-way shall be placed back of the curb lines where shown
on the official map(s) of the Township or other filed maps, surveys
or approved site plans that are necessary to establish the location
of road rights-of-way. Said facilities shall be located in accordance
with applicable standards, including, but not limited to, Township
ordinances, Residential Site Improvement Standards, and NJDOT standards,
or at the points or places now occupied by the poles or other facilities
of company, or at such other convenient points or places in, upon,
along, adjacent, or across the public streets and ways as may be mutually
agreed upon between Township and company. Facilities to service all
new residential sub-divisions will be constructed underground unless
the property owner obtains the Township's permission otherwise.
Company may bury its facilities 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. Underground conduits and associated
facilities 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 curb line,
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 which 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.
Any such area affected by 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. Company
shall comply with Township ordinances regarding road openings. Company
shall keep in effect a Permit Bond in the amount of $50,000 as a performance
guarantee for restoration of disturbed areas. For projects where the
estimated cost of restoration exceeds $50,000, the Township may request
a supplemental bond for the difference.
Company agrees to indemnify and hold harmless the Township and
its officials, agents, and employees, from any and against all demands,
claims, suits, causes of action, damages, losses, penalties, and/or
expenses, including attorney's fees, caused by, resulting from, or
arising out of the company's or the company's employees' performance
of any work. The provisions of this section shall not be interpreted
to relieve the Township from liability to company or third parties
in the event of joint or concurring negligence or fault of company
and the Township; provided, however, that the legal liability of the
Township, if any, shall be determined under applicable law, taking
into account the privileges and immunities afforded a governmental
entity.
Whenever a curb line shall be established on streets where one
does not now exist, or where an established curb line shall be relocated
in order to change the width or realign an existing street in conjunction
with road construction being performed by the Township, company shall
change the location of its aboveground and below-ground facilities
covered by this ordinance, so that the same shall be back of, and
adjacent to, the new curb line so long as the Township has acted in
accordance with applicable law and with reasonable care in establishing
the new curb line and providing notice thereof. Company shall bear
the costs so long as the relocation is not for aesthetic purposes
or governed by N.J.S.A. 40A:26A-8.
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Township may jointly
use company's poles, conduits or other fixtures for all lawful purposes,
provided that company consents to such use, on terms and conditions
acceptable to company and not inconsistent with the provisions of
this ordinance, and that said company or corporation has obtained
consent from the Township.
If any or all of the streets or ways are later taken over by
the County of Morris or the State of New Jersey, such county or state
shall have the rights and privileges and be subject to the same terms,
conditions and limitations of use as apply herein to the Township;
provided, however, that such satisfactory prior arrangements as may
be necessary are made with the Township and company for the full protection
of the respective interests of each.
The term "Township" as used in this ordinance shall be held
to apply to and include any form of municipality or government into
which the Township or any part thereof may at any time hereafter be
changed, annexed, or merged.
The permission and consent hereby granted shall apply to facilities,
existing or hereafter constructed or operated by company, its predecessors,
successors, or assigns. This ordinance shall cancel and supersede
all prior consent ordinances between the Township and company regarding
the subject matter hereof.
This ordinance shall not affect the ability of the Township
to impose real property taxes on the facilities of company under current
law. Further, if in the future applicable law should change so as
to enable the Township to impose a franchise fee or other fee, tax,
charge, or monetary obligation on company's operations or facilities
hereunder, company agrees that the provisions of this ordinance shall
not preclude the Township from imposing or collecting such fee, tax,
charge or other monetary obligation which may be permitted by law.
Company shall maintain its property within the Township in good,
broom-clean condition and repair, and shall comply with all applicable
law.
Nothing contained in this ordinance shall be construed to impose
an obligation on the part of the Township to open any street not heretofore
dedicated or opened to public use, and nothing herein shall be construed
as an acceptance by the Township of any unaccepted street or any part
thereof where any pole, wire, conduit, cable or other fixture may
exist.
In the event that any public street or way where any pole, conduit,
cable or other fixture owned or used by company exists is vacated
by the Township, the Township agrees to reserve unto Company the rights
granted by this ordinance. Township would have no further obligation
or responsibility to maintain or provide access to the right-of-way.
If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance shall be declared to be unenforceable or invalid
for any reason whatsoever, such decision or declaration shall not
affect the remaining portions of this ordinance, which shall continue
in full force and effect; and to this end the provisions of this ordinance
are hereby declared severable.
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 company has received a bill
for said advertising.
Following final passage of this ordinance, the Township Clerk
shall provide 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 by company
and approval by the Board of Public Utilities.
