[Adopted 11-16-1998 by Ord. No. 37-98]
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, permission and consent is
hereby granted to Bell Atlantic-New Jersey, Inc. (the "company"),
its successors and assigns, to install, operate, inspect, maintain,
repair, replace and remove 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 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 streets and ways, which include the roads, avenues, rights-of-way,
sidewalks, 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 (the "Township")
for said company's local and through lines and other communications
facilities in connection with the transaction of its business. In
the event that any public street or way where the company has facilities
is vacated by the Township, the Township agrees to reserve unto said
company the rights granted the company by the present ordinance.
All poles, posts, pedestals, cabinets or other
facilities shall be located and placed back of the curblines where
shown on the Official Map(s) of the Township; 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 the company, its successors and assigns
and, where there are no curblines, at other convenient points or places
in, upon, along, adjacent or across the public streets and ways as
may be mutually agreed upon between the parties.
The company may bury its local and through communications
facilities such as cables, conduits, manholes and associated equipment,
fixtures, process equipment and appurtenances within the rights-of-way
of the various public streets and ways and at such locations as shall
be mutually agreed upon by the parties for said company's local and
through lines and communications facilities. Underground conduits
and associated facilities, as aforementioned, 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, as aforementioned,
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.
Before proceeding with any new construction
or relocation work in an area covered by this ordinance, the company
shall give prior notice in writing thereof to the Township, through
its designated representative, of its intention to perform such work.
The company shall obtain such street opening or excavation permits
as may be lawfully required by any applicable ordinances regulating
such openings or excavations. Any such area affected by the 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.
The 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 road conditions resulting
from any negligent or faulty excavations, installation or maintenance
connected with the work or equipment of said company, and not attributable
to the fault or negligence of the Township, except that if such injury
or damage shall be caused by the joint or concurring negligence or
fault of the company and the Township, 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 in conjunction
with road construction being performed by the Township, the company
shall change the location of its aboveground facilities covered by
this ordinance in accordance with applicable law, 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.
Any company or corporation having legal authority
to place its facilities in the public streets and ways of the Township
may jointly use the company's poles, posts, pedestals or other structures
for all lawful purposes, provided that the Township consents to such
use, on terms and conditions acceptable to the Township. Said consent
shall not be unreasonably withheld.
The 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 duct of standard size, for the sole benefit of the Township during the pendancy of this ordinance. Such space shall be provided for the exclusive use of the Township, which use shall be limited to accommodating the wires or electrical conductors required for one-way signal control in connection with municipal 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 Township 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. It shall be the obligation of the Township to attach its wires to the poles or place its electric conductors in the conduits or manholes of the company, provided that before proceeding with said work, either by itself or by a person, firm or corporation engaged to perform such work, the Township shall give the company 30 days' prior notice in writing. All such work shall be performed under the supervision of said company. The Township will indemnify and save harmless the company 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 the company's plant or facilities provided under this § A259-8.
If any or all of the said streets or ways are
later taken over by the County of Morris or the State of New Jersey,
such county or state shall have such rights and privileges and be
subject to the same terms, conditions and limitations of use as apply
herein to the Township; provided, however, that satisfactory prior
arrangements as may be necessary are made with the Township and the
company for the full protection of the respective interest of each.
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 Township or any part thereof may at any time hereafter
be changed, annexed or merged.
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
the company, its predecessors, successors or assigns within the Township.
Said transfer must be approved by the Washington Township Committee,
and said approval shall not be unreasonably withheld. This ordinance
shall cancel and supersede all prior consent ordinances between the
Township and the company regarding the subject matter hereof.
The company shall maintain its property within
the 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 the Township.
Nothing herein contained shall be construed
to impose any obligation on the part of the Township to open any streets,
roads, avenues or highways, or parts thereof, not heretofore dedicated
or open to the public use, and nothing herein contained shall be construed
in any court or place as an acceptance of an unaccepted street, road,
avenue or highway, or any part thereof.
Nothing herein contained shall be construed
to grant unto said 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.
The permission and consent given and granted
by this ordinance shall continue and be enforced for a period of 15
years from the date of the approval thereof, and throughout the full
time of this ordinance, said company, its successors and assigns shall
furnish safe, adequate and proper service within the Township and
keep and maintain its property and equipment in such condition as
to enable it to do so.
A.
The 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.
B.
Following final passage of this ordinance, the Township
Clerk shall provide the company with written notice thereof by certified
mail. As provided by applicable law, this ordinance, and any subsequent
amendments, shall not become effective until acceptance thereof by
the company and approval thereof by the Board of Public Utility Commissioners.
All ordinances of the Township of Washington
which are inconsistent with the provisions of this ordinance are hereby
repealed to the extent of such inconsistency.
If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this ordinance.
This ordinance shall take effect immediately
upon final passage, approval and publication as required by law.
