[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 5-7-1985 by Ord. No. 1330 (Ch.
A275 of the 1984 Code). Amendments noted where applicable.]
A.Â
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11, and N.J.S.A. 48:17-12 and subject to the provisions of § A463-4 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, wires and all other facilities appurtenant thereto, and aerial and aboveground 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 public ways, sidewalks, streets, roads, avenues, highways, bridges, waterways and other public places 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 North Arlington for said company's local and through lines and other communications facilities in connection with the transaction of its business. All of the public ways, including, by way of illustration and not of limitation, the various sidewalks, streets, roads, avenues, highways, bridges and waterways, and other public places 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.
B.Â
In the event that any public street or way where the
company has facilities is vacated by the Borough of North Arlington,
the municipality agrees to reserve unto New Jersey Bell Telephone
Company the rights granted the company by the present ordinance.
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 where shown on the official map(s) of the Borough
of North Arlington. The poles and posts, however, shall be located
within 18 inches of the face of such 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 public ways, streets, roads,
avenues, highways or other public places as may be mutually agreed
upon between the parties.
A.Â
New Jersey Bell Telephone Company may bury its cables
and associated equipment, fixtures, process equipment and appurtenances
within the rights-of-way of the various public ways, sidewalks, streets,
roads, avenues, highways and other public places 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.Â
Underground conduits and associated equipment, facilities,
cables, conductors or other appurtenances or process equipment shall
be placed below the surface of said public ways, sidewalks, streets,
roads, avenues, highways and other public places and parts thereof,
and, with the exception of lateral branches to curb poles and property
lines and other facilities, the same shall generally 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. Underground conduits shall be placed at least 18
inches below the surface.
C.Â
Manholes shall be located at such points along the
line of underground conduits as may be necessary or convenient for
placing, maintaining and operating the facilities, cables, conductors
and other appurtenances or process equipment which the company may
from time to time use in connection with its underground conduit system
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.
A.Â
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 North Arlington, through its designated representative, of its
intention to perform such work, including therewith a map or plan
showing the location and size of such facilities. Such maps or plans
are for the information of the municipality only and shall not be
considered as construction specifications upon which the municipality
or any third party may rely for subsequent excavation or other work.
B.Â
Prior to the opening or excavating of any public ways,
sidewalks, streets, roads, avenues, highways or other public places
or parts thereof for the purposes of installing, maintaining, or operating
its underground systems as aforementioned, the company shall only
be required to first obtain such street opening or excavation permits
and pay such reasonable fees therefor as may be required to cover
the cost of administration and inspection as provided by any ordinances
regulating such openings or excavations. No building permits or zoning
variances shall be required for the facilities covered by this ordinance.
The surface of the public ways, sidewalks, streets,
roads, avenues, highways and other public places 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
a 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 North Arlington after
an inspection by its authorized representative upon completion of
the work.
New Jersey Bell Telephone Company agrees to
indemnify and save harmless the Borough of North Arlington 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 caused by or arising out of road conditions resulting
from any negligent or faulty 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 North Arlington, 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 North Arlington, the same shall be borne by them
to the extent of their respective fault or negligence.
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 North Arlington, New Jersey Bell Telephone Company shall change
the location of its aboveground facilities covered by this ordinance
so that the same shall be in back of and adjacent to the new curbline
so established, upon receipt of notice that the curbline has been
so established, so long as the municipality has acted with reasonable
care in establishing the new curbline and providing notice thereof.
Any company or corporation having legal authority
to erect and maintain poles, posts or pedestals upon any of the public
ways, sidewalks, streets, roads, avenues, highways or other public
places in the Borough of North Arlington may jointly use the company's
poles, posts, pedestals or other structures for all lawful purposes,
provided that the company consents to such use on terms and conditions
acceptable to the company and not inconsistent with the provisions
of the present ordinance.
A.Â
New Jersey Bell Telephone Company shall provide space,
to the extent available, on its poles so long as said poles are occupied
by the company and space, to the extent available, in its main conduits
existing on the date of passage of this ordinance, but not exceeding
one clear duct of standard size, for the sole benefit of the Borough
of North Arlington, during the pendency of this ordinance.
B.Â
Such space shall be provided for the exclusive use
of the Borough of North Arlington, which use shall be limited to accommodating
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 only, 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 North
Arlington.
C.Â
It shall be the obligation of the Borough of North
Arlington to attach its wires to the poles or place its electric conductors
in the conduits or manholes of the company; provided, however, that
before proceeding with said work, either by itself or by a person,
firm or corporation engaged to perform such work, the Borough of North
Arlington shall give the company 30 days' prior notice in writing.
All such work shall be performed under the supervision of said company.
D.Â
If any or all of the said streets or highways are
later taken over by the Board of Chosen Freeholders of the County
of Bergen 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 are herein granted by this ordinance
to the Borough of North Arlington; provided, however, that satisfactory
prior arrangements as may be necessary are made with the Borough of
North Arlington and the company for the full protection of the respective
interest of each.
The Borough of North Arlington agrees to indemnify, save harmless and, in the event of suit, to 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 Borough of North Arlington's use or enjoyment of the company's plant or facilities provided under § A463-9 above, including all suits of every kind or description brought against the company, either individually or jointly with the Borough of North Arlington or another, including those brought by employees of said municipality 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 acts, omissions, fault or willful conduct of the Borough of North Arlington or its employees, agents or representatives, which arises out of or is connected with the installation, maintenance, removal or use of any wires, cables, electrical conductors or other equipment or facilities attached to or located in said company's plant or facilities.
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 North Arlington.
As used in this ordinance, the following terms
shall have the meanings indicated:
Applies to and includes any form of municipality or government
into which the Borough of North Arlington or any part thereof may
at any time hereafter be changed, annexed or merged.
Applies to and includes the governing body or 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 North Arlington.
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 30 days after the company has received a bill for said advertising
from the publisher.
This ordinance shall continue in full force
and effect for a period of 50 years from the date it becomes effective,
subject to the right of the company to seek such changes herein as
it may deem necessary and reasonable from time to time prior to the
expiration of said period.
Throughout the full term of this ordinance,
New Jersey Bell Telephone Company, for itself, its successors and
assigns, agrees to maintain its property within the Borough of North
Arlington in good order and shall furnish safe, adequate and proper
service within the Borough of North Arlington at just and reasonable
rates. At and after the expiration of the term of this ordinance,
New Jersey Bell Telephone Company shall safeguard the public interest
in continuous and uninterrupted service within the Borough of North
Arlington.
Following final passage of this ordinance, the
Municipal Clerk shall provide New Jersey Bell Telephone Company with
written notice thereof by certified mail. As provided by applicable
law, this ordinance shall not become effective until acceptance thereof
by the company and approval thereof by the Board of Public Utilities.
This ordinance cancels and supersedes the prior
consent ordinance enacted on June 4, 1935, by the Borough Council
of the Borough of North Arlington.
