[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
3-31-1981 as Ord. No. 1981-3. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 48:17-10 and N.J.S.A. 48:17-11 and subject to the provisions of § A157-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company, its successors and assigns, to erect, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its communications facilities and other transmission or process equipment, including underground facilities, such as conduits, manholes, cables, subways and facilities appurtenant thereto, and aerial and buried 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 sidewalks, streets, roads, avenues, highways, bridges and waterways, 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 Stanhope for said company's local and through lines and other communications facilities in connection with the transaction of its business. All of the various sidewalks, streets, roads, avenues, highways, bridges and waterways, and parts thereof, throughout their entire length located in this municipality are hereby designated and prescribed for the uses and purposes of said company, as aforementioned; provided, however, that the company shall not place any poles, posts, supports, guys, pedestals, cable terminations, distribution cabinets or other facilities in such a location as will obstruct the use of the borough's sidewalks.
All poles, posts, pedestals, cabinets or other facilities hereafter
to be erected, constructed, reconstructed, located, relocated, maintained,
repaired or operated shall be located and placed back of the curblines and
adjacent to the curblines where shown on the Official Map(s) of the Borough
of Stanhope. The poles and posts, however, shall be located within eighteen
(18) inches of the face of much curbline or as may otherwise be mutually agreed
upon by both parties or at the points or places now occupied by the poles,
posts, pedestals, cabinets or other facilities of New Jersey Bell Telephone
Company, its successors and assigns, and where there are no curblines, at
other convenient points or places in, upon, along, adjacent to or across the
streets, roads, avenues or highways, as may be mutually agreed upon between
the parties.
A.
New Jersey Bell Telephone Company may bury its cables
and associated equipment, fixtures, process equipment and appurtenances within
the right-of-way of the various sidewalks, streets, roads, avenues, highways
and parts thereof and at such locations as shall be mutually agreed upon by
the parties for said company's local and through lines and communications
facilities.
B.
Underground conduits shall be placed below the surface
of said sidewalks, streets, roads, avenues, highways and parts thereof, and,
with the exception of lateral branches to curb poles and property lines and
other facilities, said conduits generally shall not be constructed more than
ten (10) feet from the curbline, unless obstructions make it necessary to
deviate from such course or unless the parties mutually agree to another location.
Underground conduits shall be placed at least eighteen (18) inches below the
surface.
C.
Manholes shall be located at such points along the line
of subways or underground conduits as may be necessary or convenient for placing,
maintaining and operating the facilities, cables, conductors and other appurtenances
or process equipment which said company may from time to time place in said
subways or underground conduits and which 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.
A.
Before proceeding with any new construction or relocation
work in an area covered by this ordinance, New Jersey Bell Telephone Company
shall give prior notice in writing thereof to the Borough of Stanhope, by
its designated representative, of its intention to perform such work, including
therewith a map or plan showing the location and size of such facilities,
and shall first obtain the approval of the Borough Council or its authorized
representative of said map or plan. Such maps or plans are for information
of the municipality only and shall not be considered as construction specifications
upon which subsequent excavation or other work may proceed either by the municipality
or a third party.
B.
Prior to the opening or excavating of any sidewalks,
streets, roads, avenues, highways or parts thereof, for the purpose of installing,
maintaining or operating its underground systems as aforementioned, the company
shall be required to first obtain such street opening or excavation permits
and pay such reasonable fees therefor as may be required to cover the costs
of administration and inspection as provided by any ordinances regulating
such openings or excavations.
The surface of the sidewalks, streets, roads, avenues, highways and
any pavement or other surface and/or planting disturbed by New Jersey Bell
Telephone Company in constructing its facilities shall be restored to as good
condition as it was before the commencement of work thereon. No highways or
other public ways shall be encumbered for a period longer than shall be necessary
to execute the work. Such restoration shall be subject to the approval of
the Borough of Stanhope after an inspection by its authorized representative
upon completion of the work.
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 or highway in conjunction with road construction
being performed by the Borough of Stanhope, or should an existing pole location
conflict with other proposed Borough projects or improvement, New Jersey Bell
Telephone Company shall change the location of its poles, pedestals and related
appurtenances at its own cost and expense (provided, however, that the company
shall not be precluded from recouping said costs and expenses as may be permitted
by law) so that the same shall be back of and adjacent to the new curbline
so established, upon receipt of notice that the curbline has been so established.
Any company or corporation having legal authority to erect and maintain
poles, posts or pedestals upon any of the sidewalks, streets, roads, avenues
or highways in the Borough of Stanhope may jointly use the company's poles,
posts, pedestals or other structures for all lawful purposes, provided that
the company consents to such use and on terms and conditions acceptable to
the company and not inconsistent with the provisions of the present ordinance.
A.
New Jersey Bell Telephone Company shall provide, without
charge, for the sole benefit of the Borough of Stanhope and for as long as
this ordinance shall continue in effect, space on its poles so long as said
poles are occupied by the company and space, to the extent available, in its
main subways existing on the date of passage of this ordinance, but not exceeding
one (1) clear duct of standard size, solely to accommodate the wires or electrical
conductors required for one-way signal control in connection with this municipality's
police patrol, fire alarm signal control and traffic signal control systems,
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 municipality 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 Borough of Stanhope.
B.
Before proceeding with the attachment of its wires to
the poles or the placing of its electrical conductors in the main subways
or manholes of the company, either by itself or by a person, firm or corporation
engaged to perform such work, the Borough of Stanhope shall give the company
thirty (30) days' prior notice in writing. All such work shall be performed
under the supervision of said company and shall be performed in a workmanlike
manner and in accordance with all applicable safety and electrical codes,
laws and regulations. If any or all of said streets or highways are later
taken over by the Board of Chosen Freeholders of the County of Sussex or the
State of New Jersey Department of Transportation, such Board of Chosen Freeholders
or the Department of Transportation shall have such rights and privileges
and be subject to the same terms, conditions and limitations of use as herein
granted by this ordinance to the Borough of Stanhope; provided, however, that
satisfactory prior arrangements as may be necessary are made with the Borough
of Stanhope and the company for the full protection of the respective interests
of each.
C.
In the event of vacation of any public streets or way
(which has facilities of the company located on, over, under or above said
street or way) by the Borough of Stanhope, the municipality agrees to reserve
unto New Jersey Bell Telephone Company the rights granted the company by the
present ordinance.
A.
Following final passage of this ordinance and acceptance
thereof by New Jersey Bell Telephone Company, the permission and consent granted
herein shall continue and be in full force and effect for a period of twenty-five
(25) years from the date of its approval by the New Jersey Board of Public
Utilities as required by law, subject to the right of the company to seek
such changes herein as it may deem necessary and reasonable from time to time
and prior to the expiration of said period.
B.
New Jersey Bell Telephone Company, for itself, its successors
and assigns, agrees to maintain its property within the Borough of Stanhope
in good order throughout the full term of the present ordinance and shall
furnish safe, adequate and proper service within the Borough of Stanhope at
just and reasonable rates and, at and after expiration of the term of the
present ordinance, to safeguard the public interest in continuous and uninterrupted
service within the Borough of Stanhope.
New Jersey Bell Telephone Company agrees to indemnify and save harmless
the Borough of Stanhope, its officers, agents or employees from and against
all costs or expenses resulting from any loss of life or property or injury
or damage to the person or property of any person, firm or corporation (including
but not limited to the parties hereto and their respective officers, agents
and employees) and from any and all claims, demands, liabilities or actions
for such loss, injury or damage caused by or arising out of conditions in
the public right-of-way resulting from, any excavations, installation or maintenance
connected with the work or equipment of said company, or both, when not attributable
to the fault, failure or negligence of the Borough of Stanhope, except that,
if such loss, injury or damage shall be caused by the joint or concurring
negligence or fault of the company and the Borough of Stanhope, the same shall
be borne by them to the extent of their respective fault or negligence.
Nothing herein contained shall be construed to grant unto said New Jersey
Bell Telephone 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 the Borough
of Stanhope.
As used in this ordinance, the following terms shall have the meanings
indicated:
Shall be held to apply to and include any form of municipality or
government into which the Borough of Stanhope or any part thereof may at any
time hereafter be changed, annexed or merged, and the term "borough" or any
other term herein used in referring to the governing body of the Borough of
Stanhope shall be held to apply to and include the governing body of such
other form of municipality.
The permission and consent hereby granted 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 New Jersey Bell Telephone Company, its predecessors,
successors or assigns within the Borough of Stanhope.
Upon adoption, this ordinance will cancel and supersede an ordinance
enacted on April 27, 1931, by the Borough of Stanhope.
New Jersey Bell Telephone 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 thirty (30) days after the company has
received a bill for said advertising from the publisher.
Upon passage of this ordinance in accordance with law, the Municipal
Clerk shall provide New Jersey Bell Telephone Company with written notice
thereof by certified mail. Said company shall file with the Municipal Clerk
its written acceptance of said ordinance within thirty (30) days after receipt
of said notice.
