[Adopted 10-2-2001[1]]
[1]
Editor's Note: This ordinance also superseded former Art. 3, Communications Facilities Franchise, adopted 1-18-2000.
Permission and consent be and the same is hereby granted to the company,[1] its successors and assigns, to erect, construct, reconstruct, lay, maintain and operate its underground conduits and subways, cables, poles, posts, wires, manholes, loading coil vaults, loading coils, including the necessary street openings and lateral connections to curb poles and property lines, and its other fixtures and appurtenances in, through, upon, along, over, under and across all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this Township, for its local and through lines and systems, in connection with the transaction of its business, and all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this Township, are hereby designated and prescribed for the uses and purposes of said company as aforementioned. The addition of any lines to new developments after the effective date of this ordinance shall be constructed underground.
[1]
Editor's Note: The "company" refers to United Telephone Company of New Jersey d/b/a Sprint.
All poles or posts hereafter to be reconstructed, maintained and operated shall be located and placed back of and adjacent to the curblines where shown by official maps of this Township and within 18 inches thereof, and at the points or places now occupied by the poles or posts of said company, its successors and assigns, and at other convenient points or places upon the streets, roads, avenues, and highways adjacent to such curblines.
Said company may construct, reconstruct, maintain and operate in its subways or underground conduits, manholes and loading coil vaults, the wires, cables, loading coils and other electrical conductors and appurtenances necessary in connection therewith for its local and through lines and systems; it may also erect, construct, reconstruct, maintain and operate the necessary distributing poles or posts, fixtures and supports and distribute therefrom upon, along, across, over and above the surface of said streets, roads, avenues and highways and parts thereof such wires, cables and other electrical conductors which it may find necessary to erect, construct, reconstruct, maintain and operate in connection with the system of subways, underground conduits and manholes aforementioned. With the exception of lateral branches to curb poles and property lines, said underground conduits shall be placed below the surface of said streets, roads, avenues and highways and parts thereof, and said conduits generally shall not be constructed more than 10 feet from the curblines unless obstructions make it necessary to deviate from such course, and all underground conduits shall be placed at least 18 inches below the surface of the street.
A. 
All manholes and loading coil vaults shall be located beneath the surface of said streets, roads, avenues and highways and parts thereof at such points along the line of the subways or underground conduits as may be necessary or convenient for placing, maintaining and operating the cables and other electrical conductors which said company may from time to time place in said subways or underground conduits, and shall be so constructed as to conform to the cross-sectional and longitudinal grade or the pavement and so as not to interfere with the safety or convenience of persons or vehicles traveling on or over such streets, roads, avenues and highways and parts thereof.
B. 
Thirty days before proceeding with new construction to locate telecommunications facilities pursuant to this ordinance, the company shall file with the Township Engineer a map or plan showing the location and size of any such proposed pole(s) or underground facilities. Such maps or plans are for the Township's information only and shall not be considered as construction specifications upon which subsequent construction or excavation may proceed either by the Township or a third party.
The surface of the streets, roads, avenues and highways and any pavement or flagging taken up by said company in building its lines shall be restored to as good condition as it was before the commencement of work thereon, and no highways shall be encumbered for a longer period than shall be necessary to execute the work. The company shall restore to its original condition any disturbance to lawns, grassed areas, landscaped areas, sidewalks, driveways and driveway aprons.
Nothing herein contained shall be construed to impose any obligation on the part of this Township to open any streets, roads, avenues or highways or parts thereof not heretofore dedicated or opened to the public use, and nothing herein contained shall be construed in any court or place as an acceptance of any unaccepted street, road, avenue or highway or any part thereof. In the event that the Township vacates any public right-of-way that has the company's facilities on, over, under or above it, the municipality agrees to reserve onto the company the rights granted by this ordinance.
Wherever the curbline shall be established hereafter on streets where the same has not yet been established or where an established curbline shall be relocated in order to widen an existing street or highway, said company shall change the location of its poles at its expense so that the same shall be back of and adjacent to the new curbline so established and within eighteen inches thereof upon receipt of notice from the Township Clerk that the curbline has been so established.
Upon any of the streets, roads, avenues and highways in this Township now or hereafter occupied by the poles or posts of said company, its successors and assigns, or any other companies or corporations having legal authority to erect and maintain poles or posts, said company and such other companies or corporations may use the same poles, provided they can agree so to do.
The permission and consent given and granted by this ordinance shall continue and be in force for a period of five years from the date of the approval thereof, and throughout the full time of this ordinance said company, its successors and assigns shall furnish safe, adequate and proper service within this Township and keep and maintain its property and equipment in such condition as to enable it to do so.
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 on any of the streets, roads, avenues or highways of this Township.
The term "Township" as used in this ordinance in its application to the Township of Chester shall be held to apply to and include any form of municipality or government into which this 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 the poles, posts, wires, cables, underground conduits and subways, manholes, fixtures and appurtenances heretofore erected, constructed, placed, maintained and renewed by said company or its predecessors,under and by virtue of any and all permissions and consents heretofore given to the said Township of Chester.
Said company shall pay the expenses it incurred for advertising done in connection with the passage of this ordinance within 30 days after the date of its going into effect.
Before any work is started, the company is to file with the Township a performance bond in the amount of $50,000 assuring the payment of fees and proper restoration of disturbed areas. The bond may be in the form of cash, certified check, letter of credit, an insurance company bond or a company bond. The form of the performance bond is subject to the prior approval of the Municipal Attorney. If the performance bond is issued by an insurance company, the company must be licensed to do business in the State of New Jersey.
Said company shall file with the Township Clerk of this Township its written acceptance of this ordinance within 30 days after the date of receipt by it from the Township Clerk of notice of the passage and approval thereof, and said ordinance shall, upon the filing of such acceptance, become effective, subject to approval by the Board of Public Utility Commissioners of the State of New Jersey.
Any provisions of any ordinance of the Township of Chester which is inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not effect the remaining portions of this ordinance.
This ordinance shall take effect as provided by law.