[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 6-1-1994 by Ord. No. 336-94. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations and soil removal — See Ch.
122.
Streets and sidewalks — See Ch.
200.
Pursuant to the provision 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"), formerly New Jersey
Bell Telephone 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, 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 Weymouth (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 or edge of pavement where
shown on the official map(s) of the Township; a minimum of 24 inches
from the face of such curbline of edge of pavement or as may otherwise
be mutually agreed 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, conduit, manholes, and associated equipment, fixtures,
process equipment and appurtenances 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 for said company's local
and though 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 or edge of pavement, 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 form 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 of 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 or edge of street shall be established on
streets where one does not now exist or where an established curbline
or edge of street 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 the ordinance in accordance with applicable
law, so the same shall be back of, and adjacent to, the new curbline
or edge of street so long as the Township has acted in accordance
with applicable law and with reasonable care in establishing the new
curbline or edge of street and providing notice thereof.
Any company or corporation having legal authority to place its
facilities in the public streets and way of the Township 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 the company and not inconsistent
with the provisions of the present ordinance.
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 pendency 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 of 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 section.
If any or all of the said streets or ways are later taken over
by the County of Atlantic 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.
The term "Township" as used in the ordinance 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 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 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.
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
ordinance, and this ordinance shall be construed as if such illegal
or unenforceable provisions had never been contained herein.
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. 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, the ordinance, and any subsequent amendments, shall not become
effective until acceptance thereof by the company and approval thereof
by the Board of Regulatory Commissioners.