[HISTORY: Adopted by the Township Committee of the Township
of White as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Excavations — See Ch.
266, Art.
II.
[Adopted 7-12-2012 by Ord. No. 2012-3]
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11,
and J.J.S.A. 48:17-12, permission and consent is hereby granted to
Verizon New Jersey Inc., (the "Company"), its successors and assigns,
to install, operate, inspect, maintain, repair, replace and remove
its communications facilities and other transmissions 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, rights-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 Township of White (the "Township") 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 Township,
the Township 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 Township; 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 Township 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 Township
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 Township, except that if such 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
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 Township, 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 Township 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 Township may jointly
use the Company's poles, posts, pedestals or other structures
for all lawful purposes, provided that 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 Township during the pendancy of this ordinance. Such space shall be provided for the exclusive use of the Township, 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 Township 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 Township. It shall be the obligation of the Township 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 Township shall give the Company 30 days prior notice in writing. All such work shall be performed under the supervision of said Company. The Township will indemnify and save harmless the Company from and against all claims, liabilities or demands arising in any manner in connection with the Township's wires or facilities or their installation, maintenance, operation or removal, or the Township's use or enjoyment of the Company's plant or facilities provided under this §
A293-8.
If any or all of the said streets or ways are later taken over
by the County of Warren 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
Township; provided, however, that satisfactory prior arrangements
as may be necessary are made with the Township and the Company for
the full protection of the respective interest 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 be in effect
for a period of 10 years from the date of final passage of this ordinance
according to law, and 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 Township. This ordinance shall cancel
and supersede all prior consent ordinances between the Township and
the Company regarding the subject matter hereof.
The Company shall maintain its property within the Township
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
Township.
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 Township 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.
[Adopted 12-5-2002 by Ord. No. 2002-25 (Ch. A108, Art. II,
of the 1977 Code)]
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
United Telephone Company of New Jersey Inc. ("United Telephone"),
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 Township of White (the "Township")
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 United Telephone has
facilities is vacated by the Township, the Township agrees to reserve
unto said company the rights granted United Telephone by this ordinance.
The permission and consent of the Township hereunder shall terminate
10 years from the date of its approval by the Board of Public Utilities.
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 Township; 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 United Telephone, 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.
United Telephone 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 United Telephone and the Township
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 United Telephone 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 of relocation work
in an area covered by this ordinance, United Telephone shall give
prior notice in writing thereof to the Township, through its designated
representative, of its intention to perform such work. United Telephone
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 United Telephone 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.
United Telephone agrees to indemnify and save harmless the Township
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. The provisions of this section
shall not be interpreted to relieve the Township from liability to
United Telephone or to third parties in the event of joint or concurring
negligence or fault of United Telephone 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 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 Township, United Telephone 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 Township 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 Township may jointly
use United Telephone's poles, posts, pedestals or other structures
for all lawful purposes, provided United Telephone consents to such
use, on terms and conditions acceptable to United Telephone and not
inconsistent with the provisions of the present ordinance.
If any or all of the said streets or ways are later taken over
by the County of Warren 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
Township; provided, however, that satisfactory prior arrangements
as may be necessary arc made with the Township and United Telephone
for the full protection of the respective interest 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 and
cover all communications facilities of United Telephone 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
United Telephone, its predecessors, successors, or assigns within
the Township. This ordinance shall cancel and supersede all prior
consent ordinances between the Township and United Telephone regarding
the subject matter hereof.
This ordinance shall not affect the ability of the Township
to impose under current law real property taxes on the facilities
of United Telephone within the Township. Should applicable law change
in the future so as to enable the Township to impose a franchise fee
or other fee, tax, charge, or other monetary obligation on United
Telephone's operations or facilities, United Telephone 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.
United Telephone shall adequately maintain its property within
the Township and shall comply with applicable law for the provision
of safe, adequate and proper service at just and reasonable rates,
and safeguard the public in continuous and uninterrupted service within
the Township.
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 the public use, and nothing herein shall be
construed as an acceptance by the Township of any unaccepted street
or any part thereof.
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.
United Telephone 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 United Telephone has
received a bill for said advertising from the publisher. Following
final passage of this ordinance, the Township Clerk shall provide
United Telephone 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 United Telephone
and approval thereof by the Board of Public Utilities.