[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 6-5-1989 by Ord. No. 89-5 (Ch.
A288 of the 1985 Code). Amendments noted where applicable]
GENERAL REFERENCES
Cable television franchise — See Ch. A421.
Pursuant to the provisions of N.J.S.A. 48:17-10, 48:17-11 and 48:17-12 and subject to the provisions of § A420-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company (hereinafter referred to as the "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 Woodcliff Lake (hereinafter referred to as the "Borough") 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. In the event that any public street or way where the company has facilities is vacated by the Borough, the municipality agrees to reserve unto said 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.
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 placed 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.
The 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 and associated equipment, facilities,
cables, conductors and 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 conduit shall be placed at least 18
inches below the surface.
C.
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.
Before proceeding with any new construction or relocation
work in an area covered by this ordinance, the company shall give
prior notice, in writing, to the Borough, 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 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.
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 lawfully 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 the 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 after an inspection by its authorized representative
upon completion of the work.
The company agrees to indemnify and save harmless
the Borough 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, 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, 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,
the company shall change the location of its aboveground facilities
covered by this ordinance so that the same shall be 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 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.
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 clear duct of standard size, for the sole benefit of the Borough
during the pendancy of this ordinance. Such space shall be provided
for the exclusive use of the Borough, 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
Borough 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. It shall be
the obligation of the Borough 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 shall give the company 30 day's 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 Bergen
or the State of New Jersey, Department of Transportation, such Board
of Chosen Freeholders or 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 ordinance to the
Borough; provided, however, that satisfactory prior arrangements as
may be necessary are made with the Borough and the company for the
full protection of the respective interest of each.
The Borough agrees to indemnify, save harmless and, in the event of suit, defend said 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 use or enjoyment of the company's plant or facilities provided under § A420-9 above, including all suits of every kind or description brought against the company, either individually or jointly with the Borough or another, including those brought by employees of said municipality, for or on account of any damage or injury to any 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 or its employees, agents or representatives which arise out of or in connection 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 company, its successors and assigns an exclusive
right or to prevent the granting of permission and consent to other
companies for like purposes of any of the streets, roads, avenues
or highways of the Borough.
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 or any part hereof may at any time hereafter
be changed, annexed or merged, and the term "Mayor and Council" of
any other term herein used in referring to the governing body of the
Borough 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
the company, its predecessors, successors or assigns within the Borough.
The company shall pay the expenses incurred
for advertising required in connection with the passage of this ordinance,
after the date of it first reading, within 30 days after the company
has received a bill for said advertising from the publisher.
In the event that any one or more of the provisions
contained herein shall for any reason be illegal or unenforceable
in any respect under applicable law, such illegality or unenforceability
shall not affect any other provisions of this ordinance, and this
ordinance shall then be construed as if such illegal or unenforceable
provision(s) had never been contained herein.
A.
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 permit.
B.
Throughout the full term of this ordinance, the company
for itself, its successors and assigns agrees to maintain its property
within the Borough in good order and shall furnish safe, adequate
and proper service within the Borough at just and reasonable rates.
At and after expiration of the term of this ordinance, the company
shall safeguard the public interest in continuous and uninterrupted
service within the Borough.
Following final passage of this ordinance, the
Borough Clerk shall provide the 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 prior
consent ordinances enacted on December 13, 1965, and June 13, 1927,
by the Borough Council of Woodcliff Lake.
