[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 10-10-2005 by Ord. No. 12-05. 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, nonexclusive permission
and consent is hereby granted to United Telephone of New Jersey, Inc.
(company), its successors and assigns, to erect, construct and maintain
the necessary poles, wires/cables, conduits, or other fixtures in,
upon, along, over or under any public street, road, or highway, and
parts thereof, throughout their entire length, and to effect the necessary
street openings subject to Borough ordinance and lateral connections
to curb poles, property lines and other facilities in the Borough
of Hampton (the Borough) for said company's local and through lines
in connection with the transaction of its business. This ordinance
does not authorize placement of wireless telecommunications or cable
television facilities within the Borough's rights-of-way. This ordinance
also does not authorize the company to construct switching stations
in the Borough's rights-of-way without separate permission.
All poles and aboveground facilities hereafter
located within the rights-of-way shall be placed back of the curblines
where shown on the official map(s) of the Borough or other filed maps,
surveys or approved site plans that are necessary to establish the
location of road rights-of-way. Said facilities shall be located in
accordance with applicable standards, including, but not limited to,
Borough ordinances, Residential Site Improvement Standards, and NJDOT
standards, or at the points or places now occupied by the poles or
other facilities of company, or at such other convenient points or
places in, upon, along, adjacent, or across the public streets and
ways as may be mutually agreed upon between Borough and the company.
Facilities to service all new residential subdivisions will be constructed
underground unless the property owner obtains the Borough's permission
otherwise. The company's facilities shall be placed so as not to interfere
with the safety and convenience of persons or vehicles traveling on
any road, street or highway. The Borough owns, controls and maintains
the public rights-of-way and shall provide and enforce reasonable
standards governing the placement and relocation of utility facilitates
for the public safety and welfare.
The company may bury its facilities 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. Underground conduits
and associated facilities 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 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.
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 shall continue to keep in effect a permit bond
in the amount of $5,000 as a performance guarantee for restoration
of disturbed areas. For projects where the estimated cost of restoration
exceeds $5,000, the Borough may request a supplemental bond for the
difference.
The company agrees to indemnify and save harmless
the Borough 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 conditions resulting
from any negligent or faulty excavation, installation or maintenance
connected with its work or equipment. The provisions of this section
shall not be interpreted to relieve the Borough from liability to
the company or third parties in the event of joint or concurring negligence
or fault of the company and the Borough; provided, however, that the
legal liability of the Borough, if any, shall be determined under
applicable law, taking into account the privileges and immunities
afforded a governmental entity.
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 change the width or realign an existing
street in conjunction with road construction being performed by the
Borough, the company shall change the location of its aboveground
and below-ground facilities covered by this ordinance, so that the
same shall be a safe distance back of, and adjacent to, the new curbline
so long as the Borough has acted in accordance with applicable law
and with reasonable care in establishing the new curbline and providing
notice thereof. The company shall bear the costs so long as the relocation
is not for aesthetic purposes.
Any company or corporation having legal authority
to place its facilities in the public streets and ways of the Borough
may jointly use the company's poles, conduits or other fixtures 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 this ordinances, and that said company or corporation
has obtained consent from the Borough.
If any or all of said streets or ways are later
taken over by the County of Hunterdon or the State of New Jersey,
such county or state shall have the rights and privileges and be subject
to the same terms, conditions and limitations of use as apply herein
to the Borough; provided, however, that such 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 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 or any part thereof may at any time
hereafter be changed, annexed, or merged.
The permission and consent hereby granted shall
apply to facilities existing or hereafter constructed or operated
by the company, its predecessors, successors, or assigns. This ordinance
shall cancel and supersede all prior consent ordinances between the
Borough and the company regarding the subject matter hereof.
This ordinance shall not affect the ability
of the Borough to impose real property or other taxes on the facilities
of the company under current law. Further, if in the future applicable
law should change so as to enable the Borough to impose a franchise
fee or other fee, tax, charge, or monetary obligation on the company's
operations or facilities hereunder, the company agrees that the provisions
of this ordinance shall not preclude the Borough from imposing or
collecting such fee, tax, charge or other monetary obligation which
may be permitted by law.
The company shall maintain its property within
the Borough in good condition 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.
Nothing contained in this ordinance shall be
construed to impose an obligation on the part of the Borough to open
any street not heretofore dedicated or opened to public use, and nothing
herein shall be construed as an acceptance by the Borough of any unaccepted
street or any part thereof where any pole, wire, conduit, cable or
other fixture may exist.
In the event that any public street or way where
any pole, conduit, cable or other fixture owned or used by the company
exists is vacated by the Borough, the Borough agrees to reserve unto
the company the rights granted by this ordinance. The Borough would
have no further obligation or responsibility to maintain or provide
access to the right-of-way.
If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance shall be declared to be unenforceable
or invalid for any reason whatsoever, such decision or declaration
shall not affect the remaining portions of this ordinance, which shall
continue in full force and effect; and to this end the provisions
of this ordinance are hereby declared severable.
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.
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,
and any subsequent amendments, shall not become effective until acceptance
by the company and approval by the Board of Public Utilities.
This ordinance shall take effect in the time
and manner prescribed by law.
