[HISTORY: Adopted by the Board of Health
of the Township of Hazlet 3-20-2001 by Ord. No. 1161-01. Amendments noted
where applicable.]
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 Verizon 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, 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, right-of-way,
sidewalks, highways, bridges, waterways, and other facilities in the
Township of Hazlet (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 pole 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 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
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 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 lawfully be 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 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 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 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 locations, and which is normally 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, with 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 facilities or removal, or the Township's use or enjoyment of the Company's plant or facilities provided under this §
A526-8.
If any or all of the said streets or ways are
later taken over the County of Monmouth 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 this 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 provision(s) 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, 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.