[HISTORY: Adopted by the Township Committee
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1980]
Pursuant to the provisions of N.J.S.A. 48:17-10 and 48:17-11 and subject to the provisions of § A145-4 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, subways and facilities appurtenant thereto, and aerial and buried 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 Township of Washington 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.
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 Township
of Washington. 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.
New Jersey Bell Telephone Company may bury its cables
and associated equipment, fixtures, process equipment and appurtenances
within the right-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.
Underground conduits 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,
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.
Underground conduits shall be placed at least 18 inches below the
surface.
C.
Manholes shall be located at such points along the
line of subways or underground conduits as may be necessary or convenient
for placing, maintaining and operating the facilities, cables, conductors
and other appurtenances or process equipment which said company may
from time to time place in said subways or underground conduits and
which 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.
Before proceeding with any new construction or relocation
work in an area covered by this article, New Jersey Bell Telephone
Company shall give prior notice in writing thereof to the Township
of Washington, by 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 information
of the municipality only and shall not be considered as construction
specifications upon which subsequent excavation or other work may
proceed either by the municipality or a third party.
B.
Prior to the opening or excavating of any public ways,
sidewalks, streets, roads, avenues, highways or other public places,
or parts thereof, for the purpose 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 costs of administration and inspection as provided by any ordinances
regulating such openings or excavations. No building permits or zoning
variances shall be required.
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
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 Township of Washington after an inspection
by its authorized representative upon completion of the work.
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 Township
of Washington, or should an existing pole location conflict with other
proposed township projects or improvement, New Jersey Bell Telephone
Company shall change the location of its poles and pedestals and shall
be back of and adjacent to the new curbline so established, upon receipt
of notice that the curbline has been so established, or shall so relocate
poles which are in the public right-of-way to avoid such conflict
with the project or improvement, so long as the municipality has acted
with care in establishing the new curbline, project or improvement
and in providing notice thereof. Nothing herein shall be constructed
to limit New Jersey Bell Telephone Company's rights under law to reimbursement
for expenses incurred in any relocation of its poles, pedestals or
related appurtenances.
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 Township of Washington may jointly use the company's
poles, posts, pedestals or other structures for all lawful purposes,
provided that the company consents to such use and on terms and conditions
acceptable to the company and not inconsistent with the provisions
of the present chapter.
A.
New Jersey Bell Telephone Company shall provide without
charge, for the sole benefit of the Township of Washington and for
as long as this article shall continue in effect, space on its poles
so long as said poles are occupied by the company and space, to the
extent available, in its main subways existing on the date of passage
of this article, but not exceeding one clear duct of standard size,
solely to accommodate 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 provides a means of transmitting any signal
to a private, commercial or residential location and which is normally
provided by a nongovernmental supplier, provided 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
Township of Washington.
B.
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 the company, either by itself or by a person,
firm or corporation engaged to perform such work, the Township of
Washington shall give the company 30 days' prior notice in writing.
All such work shall be performed under the supervision of said company.
If any or all of the said streets or highways are later taken over
by the Board of Chosen Freeholders of the County of Warren 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 herein granted by this article to the Township of Washington;
provided, however, that satisfactory prior arrangements as may be
necessary are made with the Township of Washington and the company
for the full protection of the respective interests of each.
C.
In the event of vacation of any public street or way
by the Township of Washington, the municipality agrees to reserve
unto New Jersey Bell Telephone Company the rights granted the company
by the present chapter.
The Township of Washington 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, claims or demands arising out of or caused or alleged to have been caused in any manner by the use or enjoyment by the Township of Washington of the company's utility poles, plant or facilities, including location in the subways of the company of any wires or electrical conductors of the Township of Washington in accordance with § A145-8 above, including all suits or actions of every kind or description brought against the company, either individually or jointly with the Township of Washington, 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 performance of any work by the Township of Washington associated with the installation or maintenance of any such wires, cables, electrical conductors or other facilities, 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 the Township of Washington, its employees or agents.
A.
Following final passage of this article and acceptance
thereof by New Jersey Bell Telephone Company, the permission and consent
granted herein shall continue and be in full force and effect for
a period of 50 years from the date of its approval by the New Jersey
Board of Public Utilities as required by law, subject to the right
of the company to seek such changes herein as it may deem necessary
and reasonable from time to time and prior to the expiration of said
period.
B.
New Jersey Bell Telephone Company, for itself, its
successors and assigns, agrees to maintain its property within the
Township of Washington in good order throughout the full term of the
present chapter; shall furnish safe, adequate and proper service within
the Township of Washington at just and reasonable rates; and, at and
after expiration of the term of the present chapter, shall safeguard
the public interest in continuous and uninterrupted service within
the Township of Washington.
New Jersey Bell Telephone Company agrees to
indemnify and save harmless the Township of Washington 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 conditions in the public right-of-way
resulting from any 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 Township of Washington,
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
of Washington, 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 Washington.
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 Washington 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 Washington shall be held to apply to and include
the governing body of 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 Township of Washington.
Upon adoption, this article will cancel and
supersede an ordinance enacted on November 7, 1929, by the Township
of Washington.
New Jersey Bell Telephone Company shall pay
the expenses incurred for advertising required 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 Municipal Clerk shall provide New Jersey Bell Telephone Company
with written notice thereof by certified mail. Said company shall
file with the Municipal Clerk its written acceptance of said chapter
within 30 days after receipt of said notice.
[Adopted 2-19-2008 by Ord. No. 2008-03]
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, nonexclusive permission
and consent is hereby granted to United Telephone of New Jersey, Inc.
("Company"), its successors and assigns to erect, construct and maintain
the necessary poles, wires/cables, conduits, or other fixtures in,
upon, along, over or under any public street, road, or highway, and
parts thereof, throughout its entire length, and to effect the necessary
street openings and lateral connections to curb poles, property lines
and other facilities in the Township of Washington (the "Township")
for said Company's local and through lines in connection with the
transaction of its business. The right of Company to effect necessary
street openings shall be subject to the Township's then existing ordinances
related to such actions. Company shall also be subject to standard
road/improvement opening moratoriums. This article does not authorize
placement of wireless telecommunications facilities within the Township's
rights-of-way. This article also does not authorize Company to construct
switching stations in the Township's rights-of-way without separate
permission.
The permission and consent of the Township shall
be for 15 years.
All poles and aboveground facilities hereafter
located within the rights-of-way shall be placed back of the curblines
where shown on the official map(s) of the Township or other filed
maps, surveys or approved site plans that are necessary to establish
the location of road rights-of-way. Said facilities shall be located
in accordance with applicable standards, including, but not limited
to, Township ordinances, residential site improvement standards, and
NJDOT standards, or at the points or places now occupied by the poles
or other facilities of Company, or at such other convenient points
or places in, upon, along, adjacent, or across the public streets
and ways as may be mutually agreed upon between Township and Company.
Facilities to service all new residential subdivisions will be constructed
underground unless the property owner obtains the Township's permission
otherwise.
Company may bury its local and through lines
and facilities within the right-of-way of the various public streets
and ways and at such locations as shall be mutually agreed upon by
the parties. Underground conduits and associated facilities shall
be placed at least 18 inches below the surface of said public streets
and ways 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. 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
which 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.
Any such area affected by United Telephone Company
in constructing its facilities shall be restored to as good condition
as it was before the commencement of work thereon. No public streets
or ways shall be encumbered for a period longer than shall be reasonable
to execute the work. Company shall continue to keep in effect a permit
bond in the amount of $5,000 as a performance guarantee for restoration
of disturbed areas. For projects where the estimated cost of restoration
exceeds $5,000, the Township may request a supplemental bond for the
difference.
Company agrees to indemnify and save harmless
the Township from and against all claims and liabilities resulting
from any injury or damage to the person or property of any person,
firm or corporation caused by or arising out of conditions resulting
from any negligent or faulty excavation, installation or maintenance
connected with its work or equipment. The provisions of this section
shall not be interpreted to relieve the Township from liability to
Company or third parties in the event of joint or concurring negligence
or fault of Company and the Township; provided, however, that the
legal liability of the Township, if any, shall be determined under
applicable law, taking into account the privileges and immunities
afforded a governmental entity.
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 change the width or realign an existing
street in conjunction with road construction being performed by the
Township, Company shall change the location of its aboveground and
below-ground facilities covered by this article, so that the same
shall be back of, and adjacent to, the new curbline so long as the
Township has acted in accordance with applicable law and with reasonable
care in establishing the new curbline and providing notice thereof.
The former includes that the Township owns the existing or acquired
right-of-way where Company is requested to locate or relocate facilities
and that the new curbline is properly established by ordinance, filed
map and/or official map. Company shall bear the costs so long as the
relocation is for the purpose of construction, reconstruction, improvement
or repair to streets, sidewalks, sewers, water mains, storm drains,
and other Township utilities and not solely for aesthetic purposes
or governed by N.J.S.A. 40A:26A-8.
Any company or corporation having legal authority
to place its facilities in the public streets and ways of the Township
may jointly use Company's poles, conduits or other fixtures for all
lawful purposes, provided that Company consents to such use, on terms
and conditions acceptable to Company and not inconsistent with the
provisions of this article, and that said company or corporation has
obtained consent from the Township.
If any or all of the said streets or ways are
later taken over by the County of Warren or the State of New Jersey,
such county or state shall have the rights and privileges and be subject
to the same terms, conditions and limitations of use as apply herein
to the Township; provided, however, that such satisfactory prior arrangements
as may be necessary are made with the Township and Company for the
full protection of the respective interest of each.
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 or any part thereof may at any
time hereafter be changed, annexed, or merged.
The permission and consent hereby granted shall
apply to Company's local and through lines and related fixtures, existing
or hereafter constructed or operated by Company, its predecessors,
successors, or assigns. This article shall cancel and supersede all
prior consent ordinances between the Township and Company regarding
the subject matter hereof.
This article shall not affect the ability of
the Township to impose real property taxes on the facilities of Company
under current law. Further, if in the future applicable law should
change so as to enable the Township to impose a franchise fee or other
fee, tax, charge, or monetary obligation on Company's operations or
facilities hereunder, Company agrees that the provisions of this article
shall not preclude the Township from imposing or collecting such fee,
tax, charge or other monetary obligation which may be permitted by
law.
Company shall maintain its property within the
Township in good condition 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.
Nothing contained in this article shall be construed
to impose an obligation on the part of the Township to open any street
not heretofore dedicated or opened to public use, and nothing herein
shall be construed as an acceptance by the Township of any unaccepted
street or any part thereof where any pole, wire, conduit, cable or
other fixture may exist.
In the event that any public street or way where
any pole, conduit, cable or other fixture owned or used by Company
exists is vacated by the Township, the Township agrees to reserve
unto Company the rights granted by this article. Township would have
no further obligation or responsibility to maintain or provide access
to the right-of-way.
If any section, subsection, paragraph, sentence,
clause or phrase of this article shall be declared to be unenforceable
or invalid for any reason whatsoever, such decision or declaration
shall not affect the remaining portions of this article, which shall
continue in full force and effect, and to this end the provisions
of this article are hereby declared severable.
Company shall pay all fees and expenses incurred
for the review, approval and passage of this article, after the date
of its first reading, within 30 days after Company has received a
bill for said fees, expenses and advertising.
Following final passage of this article, the
Township Clerk shall provide Company with written notice thereof by
certified mail. As provided by applicable law, this article, and any
subsequent amendments, shall not become effective until acceptance
by Company and approval by the Board of Public Utilities.
