[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 2-27-1992 by Ord. No. 92-3 (Ch. A366 of the 1992
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
325.
Cable television franchise — See Ch.
A405.
Pursuant to the provisions of N.J.S.A. 48:17-10, 48:17-11 and
48:17-12, permission and consent is hereby granted to New Jersey Bell
Telephone Company (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 appurtenant thereto, 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 streets and ways, which include the roads,
avenues, rights-of-way, sidewalks, 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 Wallington (the "Borough") 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 Borough, the Borough
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 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 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, conduits, 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 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.
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 Borough, through its designated
representative, of its intention to perform such work. The company
shall obtain such street opening or excavation permits as may be lawfully
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 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 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 Borough, except that, if such 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 in conjunction with road construction
being performed by the Borough, 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 Borough 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 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 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 provides 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 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
days' prior notice in writing. All such work shall be performed
under the supervision of said company. The Borough will indemnify
and save harmless the company from and against all claims, liabilities
or demands arising in any manner in connection with the Borough's
wires or facilities or their installation, maintenance, operation
or removal or the Borough's use or enjoyment of the company's
plant or facilities provided under this section.
If any or all of said streets or ways are later taken over by
the County of Bergen 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 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 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 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. This ordinance
shall cancel and supersede all prior consent ordinances between the
Borough and the company regarding the subject matter hereof.
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 may be deemed
necessary and reasonable from time to time prior to the expiration
of said period. The company shall maintain its property within the
Borough and shall comply with applicable law for the provision of
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.
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 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 Regulatory Commissioners.