[HISTORY: Adopted by the Township Committee
of the Township of Harmony 9-6-2005 by Ord. No. 05-16 (Ch. A192 of the 1990
Code). 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, 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 Harmony (the "Township") for
said Company's local and through lines in connection with the transaction
of its business. The right of Company to effect necessary street openings
shall be subject to the Township's then-existing ordinances related
to such actions. Company shall also be subject to standard road/improvement
opening moratoriums. 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 permission and consent of the Township shall
be for 15 years.
A. 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 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 subdivisions
will be constructed underground unless the property owner obtains
the Township's permission otherwise.
B. Company may bury
its local and through lines and facilities within the rights-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 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 United Telephone 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 continue to keep in effect a permit
bond in the amount of $5,000 as a performance guarantee for restoration
of disturbed areas. For projects where the estimated cost of restoration
exceeds $5,000, the Township may request a supplemental bond for the
difference.
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 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 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 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
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 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.
The former includes that the Township owns the existing or acquired
right-of-way where Company is requested to locate or relocate facilities,
and that the new curbline is properly established by ordinance, filed
map and/or official map. Company shall bear the costs so long as the
relocation is for the purpose of construction, reconstruction, improvement
or repair to streets, sidewalks, sewers, water mains, storm drains,
and other Township utilities and not solely for aesthetic purposes.
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 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 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 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 Company's local and through lines and related fixtures, 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 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 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 of 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.
A. 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.
B. 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.
C. This ordinance
shall take effect in the time and manner prescribed by law.