[HISTORY: Adopted by the Township Council
of the Township of Moorestown 3-31-1941 by Ord. No. 137. Amendments noted where
applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch.
A220.
Permission and consent be and the same is hereby
granted, subject to all the terms and provisions of this ordinance,
to New Jersey Bell Telephone Company, its successors and assigns to
erect, construct, reconstruct, lay, maintain and operate its underground
conduits and subways, cables, poles, posts, wires, manholes, underground
loading coil vaults, underground loading coils, including the necessary
street openings and lateral connections to curb poles and property
lines, and its other fixtures and appurtenances in, through, upon,
along, over, under and across all of the various streets, roads, avenues
and highways and parts thereof, throughout their entire length, in
this Township, for its local and through lines and systems, in connection
with the transaction of its business, and all of the various streets,
roads, avenues and highways 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.
A. All poles or posts hereafter to be erected, constructed,
reconstructed, maintained and operated shall be located and placed
within and adjacent to the curblines where shown by official maps
of this Township and within 18 inches thereof and at the points or
places now occupied by the poles or posts of said company, its successors
and assigns and at other convenient points or places upon the streets,
roads, avenues and highways, adjacent to such curblines.
B. Before proceeding with the erection of any posts or
poles, said company shall give to the Township Committee of this Township
at least three days' written notice of its intention to perform such
work.
A. Said company may construct, reconstruct, maintain
and operate in its subways or underground conduits, manholes and underground
loading coil vaults the wires, cables, loading coils and other electrical
conductors and appurtenances necessary in connection therewith for
its local and through lines and systems. It may also erect, construct,
reconstruct, maintain and operate the necessary distributing poles
or posts and the necessary fixtures thereon and supports and distribute
therefrom upon, along, across, over and above the surface of said
streets, roads, avenues and highways and parts thereof such wires,
cables and other electrical conductors which it may find necessary
to erect, construct, reconstruct, maintain and operate in connection
with the system of subways, underground conduits and manholes aforementioned.
With the exception of lateral branches to curb poles and property
lines, said underground conduits shall be placed below the surface
of said streets, roads, avenues and highways and parts thereof, and
said conduits generally will not be constructed more than 10 feet
from the curbline, unless obstructions make it necessary to deviate
from such course, and all underground conduits shall be placed at
least 18 inches below the surface of the street.
B. Said telephone company shall, at its own cost and
expense, upon reasonable written advice from the Township, re-lay,
reset, reconstruct and maintain its underground conduits, subways,
manholes or loading coil vaults or surface poles and wires, in the
event that such re-laying, resetting or reconstructing becomes necessary
by reason of the relocation of any street, relocating any curbline,
widening any roadway or change in the grade of an established highway
in the Township in which said telephone company's underground conduits,
subways, manholes or loading coil vaults, poles or wires exist or
by reason of the construction of any sewer, drain, culvert, catch
basin or other governmental structures of the Township.
A. All manholes and loading coil vaults shall be located
beneath the surface of said streets, roads, avenues and highways and
parts thereof 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 electrical conductors 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-section
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 such streets, roads, avenues and highways and parts thereof.
B. Before proceeding with the work of constructing underground
conduits, subways, manholes and/or loading coil vaults under the permission
and consent herein contained, said company shall file with the Township
Committee of this Township a map or plan showing the location and
size of any such proposed underground conduits, subways, manholes
and loading coil vaults, which map or plan shall be first approved
by said Township Committee before any such work is begun as aforesaid.
The surface of the streets, roads, avenues and
highways and any pavement or flagging taken up by said company in
building its lines shall be restored to as good condition as it was
before the commencement of work thereon, and no highways shall be
encumbered for a longer period than shall be necessary to execute
the work.
Said telephone company shall, within 30 days
after the date of receipt by it from the Township Clerk of notice
of the final passage and adoption of this ordinance, file with the
Township Clerk its bond, to be approved by the Township Committee.
In the amount of $1,000, conditioned for the proper restoration of
any street, road, avenue or highway which it may open and excavate
in the exercise of the permission and consent granted by this ordinance.
Nothing herein contained shall be construed
to impose any obligation on the part of this Township to open any
streets, roads, avenues or highways or parts thereof not heretofore
dedicated or opened to the public use and nothing herein contained
shall be construed in any court or place as an acceptance of any unaccepted
street, road, avenue or highway or any part thereof.
Wherever the curbline shall be established hereafter
on streets where the same has not yet been established, said company
shall change the location of its poles so that the same shall be within
and adjacent to the new curbline so established and within 18 inches
thereof, upon receipt of notice from the Township Clerk that the curbline
has been so established.
Upon any of the streets, roads, avenues and
highways in this Township now or which may be occupied by the poles
or posts of said New Jersey Bell Telephone Company, its successors
and assigns or any other companies or corporations having legal authority
to erect and maintain poles or posts, said New Jersey Bell Telephone
Company and such other companies or corporations may use the same
poles, provided that they can agree so to do.
Said telephone company shall provide free of
charge to this Township, as long as this ordinance continues in effect,
space on its poles, so long as said poles are occupied by said company,
for the placing by this Township of one crossarm or, in lieu thereof,
two pins on a crossarm of said company to be designated by it and
space in its main subways (not exceeding in the latter 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
when the electrical operating characteristics of such systems meet
with the approval of the telephone company and are adequately protected
with approved protective devices when necessary to ensure the transmission
of electrical energy within the limits of that defined for communication
circuits in the National Electrical Safety Code, but not to include
circuits for the supply of electrical energy for the operation of
motors or lighting the traffic or other signals; provided, however,
that such crossarms, wires or electrical conductors shall not be installed,
used or maintained in such manner as to interfere with the crossarms,
wires or electrical conductors which said company, its successors
and assigns may then have or may thereafter from time to time place
on its poles or in its main subways, and said township shall indemnify
and save harmless said telephone company from all claims or suits
for damages arising from the attachment to its poles or the location
in its main subways of any such crossarms, wires or electrical conductors
used by this Township. Before proceeding with the attachment of its
said crossarms and/or wires to the poles or the placing of its said
electrical conductors in the main subways or manholes of said company,
either on the part of itself or on the part of a person, firm or corporation
engaged to perform such work, this Township shall give to said company
30 days' notice in writing in order that the work may be performed
under the supervision of said company. If any or all of said streets
or highways be later taken over by the Board of Chosen Freeholders
of the County of Burlington or the State Highway Department, then
such Board of Chosen Freeholders or the State Highway Department 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 the telephone company for the full protection
of each other's interests.
Said telephone company shall not cut, trim or
remove any trees on the streets, roads, avenues or highways of the
Township of Moorestown without first obtaining the consent of the
owner or owners thereof, and the Shade Tree Commission, permitting
such work to be done. Such permit may require that the work shall
be done under the supervision and to the satisfaction of the Shade
Tree Commission.
The permission and consent given and granted
by this ordinance shall continue and be in force for a period of 50
years from the date of final passage and adoption thereof; and throughout
the full time of this ordinance or of any renewal thereof, said company,
its successors and assigns shall furnish safe, adequate and proper
service within this Township and keep and maintain its property and
equipment in such condition as to enable it to do so.
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 this Township.
As used in this ordinance, the following terms
shall have the meanings indicated:
TOWNSHIP
In its application to the Township of Moorestown, shall be
held to apply to and include any form of municipality or government
into which this Township or any part thereof may at any time hereafter
be changed, annexed or merged.
Said company shall pay the expenses incurred
by this Township for advertising done in connection with the passage
of this ordinance within 30 days after the date of its going into
effect.
Said company shall file with the Township Clerk
of this Township its written acceptance of this ordinance within 30
days after the date of receipt by it from the Township Clerk of notice
of the passage and adoption thereof, and said ordinance shall, upon
the filing or such acceptance, become effective.