[Adopted 5-24-1979 by Ord. No. 16-79]
Subject to the provisions of § 248-43, permission and consent is hereby granted to New Jersey Bell Telephone Company, its successors and assigns to erect, construct, remove, replace, inspect, maintain and operate its communications facilities, including underground conduits, subways, cables and related appurtenances, aerial and buried cables, wires and related appurtenances, poles, posts, guys, pedestals, manholes and all other related appurtenances, in, through, upon, along, over, under and across all of the various public streets, roads, avenues, highways, bridges and waterways and parts thereof owned and controlled by the Township of Hanover throughout their entire length, and to effect necessary street openings and lateral connections to curb poles, property lines and other facilities in this Township for its local through lines and communications facilities, in connection with the transaction of its business. All of the various streets, roads, avenues, highways, bridges and waterways 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.
All poles, posts or pedestals hereafter to be erected, constructed, reconstructed, maintained and operated shall be located and placed in back of and adjacent to the curbline, where shown by official maps of the Township of Hanover, and within 18 inches thereof, or as may be mutually agreed to by both parties, and at the points or places now occupied by the poles, posts or pedestals of New Jersey Bell Telephone Company, its successors and assigns and, where there are no curblines, at other convenient points or places upon the streets, roads, avenues and highways as may be mutually agreed to by both parties.
New Jersey Bell Telephone Company may bury its cables and associated equipment, fixtures and appurtenances within the right-of-way of the various streets, roads, avenues and highways and parts thereof and at such locations as shall be mutually agreed upon by the parties, in the Township of Hanover, for said company's local and through lines and communications facilities.
Underground conduits shall be placed below the surface of said streets, roads, avenues and 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 10 feet from the curbline unless obstructions make it necessary to deviate from such course or unless the parties mutually agree to another location. All underground conduits shall be placed at least 18 inches below the surface.
All manholes shall be located 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 conductors and appurtenances 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 of the surface so as not to interfere with the safety or convenience of persons or vehicles.
Before proceeding with any of the work to be located within an area authorized by this article, New Jersey Bell Telephone Company shall file with the Township Committee of the Township of Hanover a map or plan showing the location, size and manner and approximate time of installation of any such facilities and shall first obtain the approval of the Township Committee, or its authorized representative, of said map or plan.
Prior to the opening or excavating of any streets, roads, avenues and highways and parts thereof for the purpose of laying, maintaining and operating its underground systems after the approval of the map and plan as aforementioned, said company shall first obtain a permit for such opening or excavation upon payment of such standard fee therefor as may be required to cover the costs of administration and inspection and as provided by any ordinance regulating openings and excavations of streets.
The surface of the streets, roads, avenues and highways and any pavement or flagging taken up or soil and/or planting disturbed by New Jersey Bell Telephone Company in building its aforementioned communications facilities shall be restored to as good a condition as it was in before the commencement of work thereon; provided, however, that if the road opening or similar permit fee shall include a charge for highway restoration by the Township of Hanover and/or County of Morris, said company shall not be required to do the restoration. No highway shall be encumbered for a longer period than shall be necessary to execute the work. Such restoration shall be subject to the approval of said Township after an inspection by its authorized representative upon completion of the work.
Wherever the 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 Township of Hanover. New Jersey Bell Telephone Company shall change the location of its poles, pedestals and related appurtenances at its own expense so that the same shall be in back of and adjacent to the new curbline so established. upon receipt of notice from the municipal officials that the new curbline has been so established.
New Jersey Bell Telephone Company, its successors and assigns and any other companies or corporations having legal authority to erect and maintain poles, posts or pedestals may jointly use the same poles, posts or pedestals, provided that they can agree to do so, upon any of the streets, roads, avenues and highways in the Township of Hanover.
New Jersey Bell Telephone Company shall provide free of charge to the Township of Hanover, as long as this article continues in effect, space on its poles, as long as said poles are occupied by said company, 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 said Township's 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 use by said municipality shall not interfere with the equipment or operation of said company.
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 said company, either by itself or by a person, firm or corporation engaged to perform such work, this Township shall give said company 30 days' notice in writing. All such work shall be performed under the supervision of said company. If any or all of said streets or highways are later taken over by the Board of Chosen Freeholders of the County of Morris or the State of New Jersey Department of Transportation, then such Board of Chosen Freeholders or the Department of Transportation 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 satisfactory arrangements as may be necessary with the Township and said telephone company for the full protection of each other's interests.
The Township of Hanover agrees to indemnify, save harmless and, in the event of suit, defend New Jersey Bell Telephone Company from and against all losses, costs, damages, expense claims or demands arising out of or caused or alleged to have been caused in any manner by the attachment to said company's utility poles or the location in its main subways of any wires or electrical conductors used by the Township in accordance with § 248-47 above, including all suits or actions of every kind or description brought against the aforesaid company, either individually or jointly with the Township, for or on account of any damage or injury to any person or persons or property caused or occasioned or alleged to have been caused by or on account of the performance of any work by the Township associated with the installation or maintenance of any such wires or electrical conductors, either attached to said company's utility poles or located in its main subways, or through any negligence or alleged negligence in performing such work operations or through any act, omission or fault or alleged act, omission or fault of said Township, its employees or agents.
Following final passage of this article and acceptance thereof by said company, the permission and consent granted herein shall continue and be in force for a period of 50 years from the date of its approval by the New Jersey Board of Public Utilities as required by law. Throughout the full term of this article, New Jersey Bell Telephone Company, its successors and assigns shall furnish safe, adequate and proper service within the Township of Hanover and keep and maintain its property and equipment in such condition as to enable it to do so.
New Jersey Bell Telephone Company agrees to indemnify and save harmless the Township of Hanover 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 road conditions resulting from any excavation, installation or maintenance connected with the work or equipment of said company, or both, when not attributable solely to the fault, failure or negligence of the Township, except that, if such loss, 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.
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 Township of Hanover.
The term "Township," as used in this article shall be held to apply to and include any form of municipality or government into which the Township of Hanover or any part thereof may at any time hereafter be changed, annexed or merged, and the term "Township," or any other term herein used in referring to the governing body of the Township of Hanover, shall be held to apply to and include the governing body or such other form of municipality.
The permission and consent hereby granted shall apply to and cover any existing communications facilities and related appurtenances which were heretofore erected, constructed, reconstructed, replaced, maintained and operated by New Jersey Bell Telephone Company or its predecessors under the terms and conditions of the prior franchise agreement and ordinance enacted on May 7, 1929.
Upon adoption, this article will cancel and supersede an ordinance enacted on May 7, 1929, by the Township of Hanover.
New Jersey Bell Telephone Company shall pay the expenses incurred for advertising done in connection with the passage of this article, after the date of its first reading, within 30 days after the company has received a bill for said advertising from the publisher.
Upon passage of this article in accordance with law, the Township Clerk shall provide New Jersey Bell Telephone Company with written notice thereof by certified mail. Said company shall file with the Township Clerk its written acceptance of said article within 30 days of the receipt of said notice.