[HISTORY: Adopted by the Township Committee of the Township of Holland 3-2-2004 by Ord. No. 2004-2. Amendments noted where applicable.]
Any prior ordinance of this Township granting consents to grantee or any of its predecessors in hereby repealed in its entirety as of the effective date of this ordinance. Furthermore, all resolutions and ordinances regarding such consents within the Township are repealed as of the effective date of this ordinance.
Subject to the terms and conditions provided in this ordinance and further subject to the applicable rules, regulations and ordinances of this Township, grantee, its successors and assigns, are hereby granted a nonexclusive right and privilege to install, operate, inspect, maintain, repair, replace and remove, in, upon, over and under the public roads, streets, alleys, avenues, thoroughfares and highways owned, accepted or maintained by the Township, including the rights-of-way thereof (all hereinafter referred to as "streets"), its telecommunications facilities (excluding wireless telecommunications towers and antennae), including underground facilities such as conduits, manholes, cables, wires, and other facilities appurtenant thereto, and aboveground facilities, such as cables, wires, antennas, poles, posts, supports, guys, pedestals, cable termination and distribution cabinets and other facilities appurtenant thereto, for telecommunication purposes. Grantee shall not place any poles, wires or other facilities or conductors in such as a manner as to obstruct the use of the Township's sidewalks or streets.
Grantee shall, at all times during the term of the consent hereby granted, be subject to all lawful exercise of the police power by the Township and to such other reasonable ordinances and regulations as the Township may hereinafter by ordinance or resolution provide. The consent hereby granted shall not restrict in any manner the right of the Township in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of New Jersey or of the United States.
Before proceeding with any new construction to locate telephone facilities pursuant to this ordinance, grantee shall file with the Township a map or plan showing the location and size of any such proposed pole(s) or underground facilities, said locations to be approved by the Township or its authorized representative before any such work is begun. Such maps or plans are for the Township's information only and shall not be considered as construction specifications upon which subsequent construction or excavation may proceed either by the municipality or a third party. Prior to actual commencement of any construction, extension or relocation of any of grantee's conduit facilities or pole leads in the streets within the Township, grantee shall give reasonable advance notice to the Township Public Works Superintendent, except in cases of bona fide emergencies which imminently affect the public health or safety.
All grantee's aboveground facilities hereafter located within said rights-of-way shall be placed in back of the curblines which exist or which are shown on the official map(s) of the Township or maps approved by the Township Planning Board or Board of Adjustment provided to grantee by the Township at grantee's request and expense, in addition to the places now occupied by grantee's facilities and at other convenient or necessary places upon the streets adjacent to such curblines or in reasonable locations mutually agreed upon by the parties. Poles and posts within the rights-of-way shall be located, unless otherwise agreed to by Grantor and grantee, to the extent feasible in accordance with the standards set forth in N.J.A.C. 16:25-5.4 and 16:25-5.5 (or successor regulation) with the term "department" therein being interpreted as "Township Engineer."
Where curblines have not yet been established, or where an established curbline is relocated in order to widen an existing street, upon receipt of notice from the Township that the new curbline has been so established or that the existing pavement is to be widened or relocated, grantee shall change the location of its poles at its own expense (except as otherwise specifically provided by applicable law) so that the same shall be in back of the new curbline or edge of pavement and at a reasonable location consistent, to the extent feasible, with the standards in N.J.A.C. 16:25-5.4 and 16:25-5.5 (or successor regulation), or as otherwise reasonably determined by the Township Engineer in consultation with grantee.
Grantee may locate its facilities underground in the rights-of-way. With the exception of lateral branches to poles and property lines, the underground conduits and facilities shall be placed at least 18 inches below the surface of the rights-of-way.
All manholes and loading coil vaults shall be located beneath the surface of the rights-of-way, except for covers which shall be located at the surface, at such points along the line of the underground facilities as may be necessary or convenient for placing, maintaining and operating the cables and other electrical conductors which grantee may from time to time place in said underground facilities, and shall be so constructed as to conform to the cross-sectional and longitudinal grade of the pavement and so as not to interfere with the safety or convenience of persons or vehicles traveling on or over the right-of-way.
It shall be lawful for said grantee to make all necessary excavations in any street or public right-of-way in the Township for the purpose of placing, erecting, laying and maintaining poles, or other supports or conduits for said wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. Work by grantee shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may, during the continuance of this consent, be adopted from time to time by the Township. Prior to the opening or excavation of any street, grantee must first obtain, and pay a reasonable fee for, such street opening or excavation permits as may be required by local ordinances, consistent with state and federal law regarding such fees.
The surface of the sidewalks and streets, and any pavement or other surface or planting disturbed by grantee in locating its telephone facilities, shall be restored to as good a condition as it was before the commencement of the work, and no street shall be encumbered for a longer period than shall be necessary to execute the work. If grantee fails to do so, the Township shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being completed by grantee, the Township shall cause such repairs to be made at the expense of grantee.
Nothing in this ordinance shall be construed in any way to prevent the Township from sewering, grading, graveling, paving, repairing, altering, or improving any of the streets within the Township in or upon which the poles, wires, appliances or conductors of grantee shall be placed but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, appliances or conductors.
Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the grantee to permit passage of any building, machinery or other object moved over the streets within the Township, the grantee will perform such rearrangement within a reasonable period after written notice from persons desiring to move said building, machinery or other object. The notice shall bear the approval of the Township Public Works Superintendent and shall detail the route of movement of the building or object and shall provide that the cost of relocation shall be borne by the person(s) requesting the relocation.
The location and method of installation, repair and maintenance of grantee's facilities and any exercise of the rights of grantee under the term of this ordinance shall be subject at all times to reasonable regulation by the Township to the extent that such regulation is not inconsistent with federal or state law or regulation by state or federal governmental entities. Grantee's operation and work shall be carried on so as to avoid any unnecessary interference with traffic or other permissible uses of the streets of the Township. Equipment of grantee or grantee's agents which interferes with allowable uses of the streets of the Township must be moved or removed upon notice from the Township Clerk, Township Public Works Superintendent or Township Engineer. If grantee fails to move or remove equipment within the time allowed in the notice from the Township's representatives, then such equipment may be moved or removed by the Township, which may charge the cost of moving or removal to grantee.
Nothing contained in this ordinance shall be construed to impose an obligation on the part of this 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 the Township vacates any public right-of-way that has grantee's facilities on, over, under or above it, the municipality agrees to reserve unto grantee the rights granted by this ordinance.
Grantee or any other companies or corporations having legal authority and permission of the Township to erect and maintain facilities within the Township's streets may now and hereafter jointly use facilities for all lawful purposes, provided that grantee consents to such use upon terms and conditions that it accepts and that are not inconsistent with the provisions of this ordinance.
As long as this ordinance continues in effect and the poles are occupied by the company, grantee shall provide free of charge to this Township, to the extent available, space on its poles, and to the extent available, space in its main underground facilities (not exceeding one clear duct of standard size) to accommodate the wires or electrical conductors required for signal control in connection with its police patrol, fire alarm telegraph signal systems and traffic signal control systems. This does not include circuits for the supply of electrical energy for the traffic control or other signals. This also does not include facilities to provide a means of transmitting any signal to a private, commercial or nongovernmental location which is usually provided by a nongovernmental supplier.
The use or attachment by the Township shall be installed, used or maintained in such manner that it does not interfere with the facilities or use of grantee, and all costs or expenses incurred in connection therewith shall be paid by the Township.
The Township shall give grantee 30 days' notice, in writing, before proceeding, either itself or on the part of a person, firm or corporation engaged to perform such work, with the attachment of its said crossarms and/or wires to the poles, or the placing of its electrical conductors in grantee's main subways or manholes, in order that the work may be performed under the supervision of grantee.
If any or all of said streets or highways are later taken over by the Board of Chosen Freeholders of the County of Hunterdon, or the State Department of Transportation, then the Board of Chosen Freeholders or the State 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 such satisfactory arrangements as may be necessary with the Township and grantee for the full protection of each other's interests.
The Township shall indemnify and save harmless the grantee 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 grantee's plant or facilities provided under this section.
Without charge to the Township (except as otherwise expressly provided by state statute) and with at least 120 days' notice, grantee shall remove and change the location or position of grantee's facilities within public rights-of-way upon request of the Township for the purpose of construction, improvements or repairs to streets, sewers or other public facilities of the Township, but not simply for the purpose of aesthetics.
Grantee shall maintain its property within this 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 this Township.
Grantee agrees to indemnify and save harmless the Township of Holland, its officers, agents and employees from and against all claims, liabilities, costs or expenses arising from any loss of life or property, or injury to any property or person or entity, caused by or arising out of conditions in the public right-of-way resulting from any excavation or installation in connection with the work and/or equipment of grantee. This indemnification/save-harmless provision shall not apply when the loss, injury or damage is attributable to the fault, failure or negligence of the Township. If such loss, injury or damage is caused by the joint and concurring fault, failure or negligence of the Township and grantee, the same shall be borne by the parties to the extent of their respective fault or negligence. The Township does not hereby waive any defenses or immunities granted or available to it by the New Jersey Tort Claims Act or otherwise.
Editor's Note: See N.J.S.A. 59:1-1 et seq.
This consent shall be binding on all grantee's successors and assigns. Any transfer of this consent shall be subject to the successor or assign signing a new acceptance of this ordinance and filing said written acceptance with the Township within 30 days of the transfer and the Township authorizing said transfer.
The term "Township," as used in this ordinance, shall be held to apply to and include any form of municipal government into which the Township or any part thereof may at any time hereafter be changed, annexed, or merged.
If any provision of this ordinance is in conflict with any current or subsequently adopted state or federal law, then this ordinance shall be interpreted to be revised to the extent necessary to comply with the applicable state or federal law. In the event there are significant changes in state or federal law which would require revision of this ordinance in order for the Township or for grantee to be in compliance with the law, this ordinance may be changed at any time for such purpose, subject to any required approval of the New Jersey Board of Public Utilities.
The permission and consent given by this ordinance shall continue for a period of 50 years from the date of its approval by the Board of Public Utilities, subject to the right of grantee to seek such changes from time to time as it may deem necessary and reasonable.
Throughout the full time that this ordinance is in effect, grantee shall furnish safe, adequate and proper service within this Township, at just and reasonable rates, and keep and maintain its property and equipment in such condition as to enable it to do so.
Nothing contained in this ordinance shall be construed to grant grantee an exclusive right, or to prevent the granting of permission and consent to other companies, to use the rights-of-way to of this Township for like purposes.
The permission and consent granted by this ordinance shall apply to and cover the telecommunication facilities heretofore and hereafter located in the Township by grantee.
Grantee shall pay the expenses incurred for advertising done in connection with the passage of this ordinance within 30 days after its effective date.
Grantee shall file its written acceptance of this ordinance with the Township Clerk of this Township within 30 days after receipt of notice from the Township Clerk of its final passage, and said ordinance shall, upon publication and the filing of such acceptance, become effective, subject to approval by the Board of Public Utilities of the State of New Jersey.