[Adopted 6-19-2001[1]]
[1]
Editor's Note: Per Ord. No. 2014-5, adopted
4-22-2014, the permission and consent granted by this ordinance shall
continue and be enforced until 4-22-2019.
Permission and consent be and the same is hereby
granted to the company,[1] its successors and assigns, to erect, construct, reconstruct,
lay, maintain and operate its underground conduits and subways, cables,
poles, posts, wires, manholes, loading coil vaults, loading coils,
including the necessary street openings and lateral connections to
curb poles and property lines, and its other fixtures and appurtenances
in, through, upon, along, over, under and across all of the various
streets, roads, avenues and highways and parts thereof, throughout
their entire length, in this Township, for its local and through lines
and systems in connection with the transaction of its business, and
all of the various streets, roads, avenues and highways and parts
thereof, throughout their entire length, in this Township, are hereby
designated and prescribed for the uses and purposes of said company
as aforementioned. The addition of any lines after the effective date
of this ordinance shall be constructed underground.
[1]
Editor's Note: The "company" refers to Verizon.
All poles or posts hereafter to be reconstructed,
maintained and operated shall be located and placed back of and adjacent
to the curblines where shown by official maps of this Township and
within 18 inches thereof, and at the points or places now occupied
by the poles or posts of said company, its successors and assigns
and at other convenient points or places upon the streets, roads,
avenues, and highways adjacent to such curb lines.
Said company may construct, reconstruct, maintain
and operate in its subways or underground conduits, manholes and loading
coil vaults the wires, cables, loading coils and other electrical
conductors and appurtenances necessary in connection therewith for
its local and through lines and systems; it may also erect, construct,
reconstruct, maintain and operate the necessary distributing poles
or posts, fixtures and supports and distribute therefrom upon, along,
across, over and above the surface of said streets, roads, avenues
and highways and parts thereof such wires, cables and other electrical
conductors which it may find necessary to erect, construct, reconstruct,
maintain and operate in connection with the system of subways, underground
conduits and manholes aforementioned. With the exception of lateral
branches to curb poles and property lines, said underground conduits
shall be placed below the surface of said streets, roads, avenues
and highways and parts thereof, and said conduits generally shall
not be constructed more than 10 feet from the curblines unless obstructions
make it necessary to deviate from such course, and all underground
conduits shall be placed at least 18 inches below the surface of the
street.
A.
All manholes and loading coil vaults shall be located
beneath the surface of said streets, roads, avenues and highways and
parts thereof at such points along the line of the subways or underground
conduits as may be necessary or convenient for placing, maintaining
and operating the cables and other electrical conductors which said
company may from time to time place in said subways or underground
conduits, and shall be so constructed as to conform to the cross-sectional
and longitudinal grade or the pavement and so as not to interfere
with the safety or convenience of persons or vehicles traveling on
or over such streets, roads, avenues and highways and parts thereof.
B.
Before proceeding with the work of erecting any pole
or poles, or of constructing underground conduits and cables, subways,
manholes and/or loading coil vaults under the permission and consent
herein contained, said company shall file with the Township Committee
of this Township a map or plan showing the location and size of any
such proposed pole or poles, underground conduits, subways, manholes
and loading coil vaults, which map or plan shall be first approved
by the Municipal Engineer in writing before any such work is begun
as aforesaid.
The surface of the streets, roads, avenues and
highways and any pavement or flagging taken up by said company in
building its lines shall be restored to as good condition as it was
before the commencement of work thereon, and no highways shall be
encumbered for a longer period than shall be necessary to execute
the work. The company shall restore to its original condition any
disturbance to lawns, grassed areas, landscaped areas, sidewalks,
driveways and driveway aprons.
Nothing herein contained shall be construed
to impose any obligation on the part of this Township to open any
streets, roads, avenues or highways or parts thereof not heretofore
dedicated or opened to the public use, and nothing herein contained
shall be construed in any court or place as an acceptance of any unaccepted
street, road, avenue or highway or any part thereof.
Wherever the curbline shall be established hereafter
on streets where the same has not yet been established or where an
established curbline shall be relocated in order to widen an existing
street or highway, said company shall change the location of its poles
at its expense so that the same shall be back of and adjacent to the
new curbline so established and within 18 inches thereof upon receipt
of notice from the Township Clerk that the curbline has been so established.
Upon any of the streets, roads, avenues and
highways in this Township now or hereafter occupied by the poles or
posts of said company, its successors and assigns, or any other companies
or corporations having legal authority to erect and maintain poles
or posts, said company and such other companies or corporations may
use the same poles, provided they can agree so to do.
Said company shall provide free of charge to
this Township as long as this ordinance continues in effect, space
on its poles so long as said poles are occupied by said company for
the placing by this Township of one crossarm, or, in lieu thereof,
two pins on a crossarm of said company to be designated by it and
space in its main subways (not exceeding one clear duct of standard
size) to accommodate the wires or electrical conductors required for
signal control in connection with its police patrol, fire alarm telegraph
signal systems and traffic signal control systems, but not to include
circuits for the supply of electrical energy for the traffic or other
signals; provided, however, that such crossarms, wires or electrical
conductors shall not be installed, used or maintained in such manner
as to interfere with the crossarms, wires or electrical conductors
which said company, its successors and assigns may then have or may
thereafter from time to time place on its poles or in its main subways,
and said Township shall indemnify and save harmless said company from
all claim or suits for damages arising from the attachment to its
poles or the location in its main subways of any such crossarms, wires
or electrical conductors used by this Township. Before proceeding
with the attachment of its said crossarms and/or wires to the poles
or the placing of its said electrical conductors in the main subways
or manholes of said company, either on the part of itself or on the
part of a person, firm or corporation engaged to perform such work,
this Township shall give to said company 30 days' notice in writing
in order that the work may be performed under the supervision of said
company. If any or all of the said streets or highways be later taken
over by the Board of Chosen Freeholders of the County of Morris or
the State Highway Department, then such Board of Chosen Freeholders
or the State Highway Department may use the same clear duct of standard
size referred to for their respective police patrol, fire alarm telegraph
and traffic signal control systems in conjunction with the Township's
use thereof for similar purposes, but only after making such satisfactory
arrangements as may be necessary with the Township and the company
for the full protection of each other's interests.
The permission and consent given and granted
by this ordinance shall continue and be in force for a period of five
years from the date of the approval thereof, and throughout the full
time of this ordinance said company, its successors and assigns shall
furnish safe, adequate and proper service within this Township and
keep and maintain its property and equipment in such condition as
to enable it to do so.
Nothing herein contained shall be construed
to grant unto said company, its successors and assigns an exclusive
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 this Township.
The term "Township" as used in this ordinance
in its application to the Township of Chester shall be held to apply
to and include any form of municipality or government into which this
Township, 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 the poles, posts, wires, cables, underground conduits
and subways, manholes, fixtures and appurtenances heretofore erected,
constructed, placed, maintained and renewed by said company or its
predecessors under and by virtue of any and all permissions and consents
heretofore given to the said Township of Chester.
Said company shall pay the expenses it incurred
for advertising done in connection with the passage of this ordinance
within 30 days after the date of its going into effect.
Before any work is started, the company is to
file with the Township a performance bond in the amount of $50,000.
The bond may be in the form of cash, certified check, letter of credit
or an insurance company bond. The form of the performance bond is
subject to the prior approval of the Municipal Attorney. If the performance
bond is issued by an insurance company, the company must be licensed
to do business in the State of New Jersey.
Said company shall file with the Township Clerk
of this Township its written acceptance of this ordinance within 30
days after the date of receipt by it from the Township Clerk of notice
of the passage and approval thereof, and said ordinance shall, upon
the filing of such acceptance, become effective, subject to approval
by the Board of Public Utility Commissioners of the State of New Jersey.
Any provisions of any ordinance of the Township
of Chester which is inconsistent with the provisions of this ordinance
is hereby repealed to the extent of such inconsistency.
If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be unconstitutional
or invalid, such decision shall not effect the remaining portions
of this ordinance.
This ordinance shall take effect as provided
by law.
