[Adopted 12-20-1999 by Ord. No. 33-99]
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, that permission and consent
be and the same is hereby granted to the company, its successors and
assigns to erect, construct, reconstruct, lay, maintain and operate
its underground conduits and subways, cables, poles, posts, wires,
manholes, loading coil vaults, 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.
All poles or posts hereafter to be erected,
constructed, reconstructed, maintained and operated shall be located
and placed back of and adjacent to the curblines where shown by Official
Maps of this Township and within eighteen 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.
Said company may construct, reconstruct, maintain
and operate in its subways or underground conduits, manholes and 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, fixtures 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 shall
not be constructed more than 10 feet from the curblines unless obstructions
make it necessary to deviate from such course, and all underground
conduits shall be placed at least eighteen inches below the surface
of the street.
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-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 such streets, roads, avenues and highways and parts thereof.
B.
Except in the case of an emergency involving health,
safety and/or public welfare, 30 days before proceeding with the work
of erecting any pole or poles or of constructing underground conduits
and cables, 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 pole or poles, underground
conduits, subways, manholes and loading coil vaults, which map or
plan shall be first approved by said Township Committee or their authorized
representative before any such work is begun as aforesaid. Such advance
notice will not be required in the case of repair to or replacement
of an existing facility.
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.
A.
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.
B.
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.
A.
Wherever the curbline shall be established hereafter
on streets where the same has not yet been established or where an
established curbline shall be relocated in order to widen an existing
street or highway, said company shall change the location of its poles
at its expense so that the same shall be back of 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.
B.
Should the Township request, for good cause such as
approved road improvements and/or municipal construction projects,
the relocation of utility poles and/or wires, said company shall change
the location of the poles at its sole expense, so long as this ordinance
is in effect.
A.
Upon any of the streets, roads, avenues and highways
in this Township now or hereafter occupied by the poles or posts of
said company, its successors and assigns or any other companies or
corporations having legal authority to erect and maintain poles or
posts, said company and such other companies or corporations may use
the same poles, provided they can agree so to do.
B.
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.
This ordinance shall cancel and supercede all prior consent ordinances
between the Township and the company regarding the subject matter
hereof.
Said 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 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, but not to include
circuits for the supply of electrical energy for 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 company from
all claim 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 the 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 Morris 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 company
for the full protection of each other's interests.
The permission and consent given and granted
by this ordinance shall continue and be in force 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 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 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.
The term "Township" as used in this ordinance
in its application to the Township of Washington 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; and the term "Township Committee" or any other
term herein used in referring to the governing body of this Township
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 the poles, posts, wires, cables, underground conduits
and subways, manholes, fixtures and appurtenances heretofore erected,
constructed, placed, maintained and renewed by said company or its
predecessors, under and by virtue of any and all permissions and consents
heretofore given by the said Township of Washington.
Said company shall pay the expenses incurred
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 also reimburse the Township for reasonable legal fees expended
in connection with the enactment of this ordinance.
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 approval thereof, and said ordinance shall, upon
the filing of such acceptance, become effective subject to approval
by the Board of Public Utility Commissioners of the State of New Jersey.
The parties hereto acknowledge and agree that
as of the effective date of this ordinance, New Jersey law does not
permit a municipality to charge a fee for use of the municipal right-of-way.
The parties agree that, in the event that the New Jersey law is modified
to allow imposition of such a fee by a municipality, then the Township
may terminate and renegotiate this agreement.
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.
