[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 8-20-1984 as Ord. No. 6-34-184. Amendments noted where applicable.]
A. 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 §
A149-4 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, 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 Wanaque for said company's local and through lines and other communications facilities in connection with the transaction of its business.
B. 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.
C. In the event that any public street or way where the
company has facilities is vacated by the Borough of Wanaque, the municipality
agrees to reserve unto New Jersey Bell Telephone 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
of Wanaque. The poles and posts, however, shall be located within
18 inches of the face of such curbline 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 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 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 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 conduits 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, New Jersey Bell Telephone
Company shall give prior notice in writing thereof to the Borough
of Wanaque, 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 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 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 Borough of Wanaque after an inspection
by its authorized representative upon completion of the work.
New Jersey Bell Telephone Company agrees to
indemnify and save harmless the Borough of Wanaque from and against
all costs or expenses resulting from 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 of Wanaque, 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 of Wanaque,
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
of Wanaque, New Jersey Bell Telephone 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 of Wanaque 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.
A. New Jersey Bell Telephone 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
of Wanaque, during the pendency of this ordinance.
B. Such space shall be provided for the exclusive use
of the Borough of Wanaque, which use shall be limited to accommodating
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
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
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 Borough of Wanaque.
C. It shall be the obligation of the Borough of Wanaque
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 of Wanaque
shall give the company 30 days' prior notice in writing. All such
work shall be performed under the supervision of said company.
D. If any or all of the said streets or highways are
later taken over by the Board of Chosen Freeholders of the County
of Passaic 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 ordinance
to the Borough of Wanaque; provided, however, that satisfactory prior
arrangements as may be necessary are made with the Borough of Wanaque
and the company for the full protection of the respective interest
of each.
The Borough of Wanaque 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, expense claims or demands arising out of or caused or alleged to have been caused in any manner by the Borough of Wanaque's use or enjoyment of the company's plant or facilities provided under §
A149-9 above, including all suits of every kind or description brought against the company, either individually or jointly with the Borough of Wanaque 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 acts, omissions, fault or willful conduct of the Borough of Wanaque or its employees, agents or representatives, which arise out of or are connected 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 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 Borough of Wanaque.
The term "borough," as used in this ordinance,
shall be held to apply to and include any form of municipality or
government into which the Borough of Wanaque or any part thereof may
at any time hereafter be changed, annexed or merged; and the term
"Mayor and Council," or any other term herein used in referring to
the governing body of the Borough of Wanaque, 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 Borough of Wanaque.
New Jersey Bell Telephone 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.
A. This ordinances 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 period.
B. Throughout the full term of this ordinance, New Jersey
Bell Telephone Company, for itself, its successors and assigns, agrees
to maintain its property within the Borough of Wanaque in good order
and shall furnish safe, adequate and proper service within the Borough
of Wanaque at just and reasonable rates. At and after expiration of
the term of this ordinance, New Jersey Bell Telephone Company shall
safeguard the public interest in continuous and uninterrupted service
within the Borough of Wanaque.
C. Following final passage of this ordinance, the Municipal
Clerk shall provide New Jersey Bell Telephone 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.
D. This ordinance cancels and supersedes the prior consent
ordinance enacted on December 17, 1934, by the Borough Council of
the Borough of Wanaque.