[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 7-28-2009 by Ord. No. 104-09. Amendments noted where
applicable.]
Pursuant to the provisions of N.J.S.A. 48:17-10, 48:17-11 and
48:17-12, nonexclusive permission and consent are 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 Borough
of Bloomsbury (the "Borough") 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 Borough's rights-of-way. This ordinance also does
not authorize the company to construct switching stations in the Borough's
rights-of-way without separate permission.
All poles and aboveground facilities hereafter located within
the rights-of-way shall be placed back of the curblines where shown
on the Official Map(s) of the Borough 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 Borough ordinances,
residential site improvement standards, and NJDOT standards, or at
the points or places now occupied by the poles or other facilities
of the 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 the Borough and company. Facilities to service
all new residential subdivisions will be constructed underground unless
the property owner obtains the Borough's permission otherwise.
The 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 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 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.
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 shall comply with Borough ordinance(s) regarding road openings.
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 conditions resulting from any negligent
or faulty excavation, installation or maintenance connected with its
work or equipment. The provisions of this section shall not be interpreted
to relieve the Borough from liability to the company or third parties
in the event of joint or concurring negligence or fault of the company
and the Borough; provided, however, that the legal liability of the
Borough, 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 change the width or realign an existing street in conjunction
with road construction being performed by the Borough, the 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 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. The 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 Borough may jointly
use the company's poles, conduits or other fixtures 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 this ordinance, and that said company or corporation
has obtained consent from the Borough.
If any or all of said streets or ways are later taken over by
the County of Hunterdon 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 Borough;
provided, however, that such satisfactory prior arrangements as may
be necessary are made with the Borough and 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 facilities
existing or hereafter constructed or operated by the company, its
predecessors, successors, or assigns. This ordinance shall cancel
and supersede all prior consent ordinances between the Borough and
the company regarding the subject matter hereof.
This ordinance shall not affect the ability of the Borough to
impose real property taxes on the facilities of the company under
current law. Further, if in the future applicable law should change
so as to enable the Borough to impose a franchise fee or other fee,
tax, charge, or monetary obligation on the company's operations
or facilities hereunder, the company agrees that the provisions of
this ordinance shall not preclude the Borough from imposing or collecting
such fee, tax, charge or other monetary obligation which may be permitted
by law.
The company shall maintain its property within the Borough in
good condition 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.
Nothing contained in this ordinance shall be construed to impose
an obligation on the part of the Borough to open any street not heretofore
dedicated or opened to public use, and nothing herein shall be construed
as an acceptance by the Borough 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 the company exists is vacated
by the Borough, the Borough agrees to reserve unto the company the
rights granted by this ordinance. The Borough 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.
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.
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 accepted by the company
and approved by the Board of Public Utilities.