[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consents to grantee or any of its predecessors in hereby repealed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Township are repealed as of the effective date of this ordinance.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.[1]
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.
A.
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.
B.
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."
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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[1] or otherwise.
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
