[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 3-4-1999 by Ord. No. 1240 (Ch. A84 of the 1970
Borough Code). Amendments noted where applicable.]
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 Bell Atlantic
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 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 Seaside Park (the "Borough") for said community's
local and through lines and other communication 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 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.
[Amended 8-3-2000 by Ord. No. 1267]
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 the Company consents to such use,
on terms and conditions acceptable to the Company and not inconsistent
with the provisions of the present ordinance.
[Amended 8-3-2000 by Ord. No. 1267]
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 pendency of this
ordinance. Such space shall be provided for the exclusive use of the
Borough which shall be limited to accommodating the wires or electrical
conductors required for one-way signal control in connection with
in 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 location, 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 hold
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 the said streets or ways are hereafter taken
over by the County of Ocean or the State of New Jersey, such County,
or State shall have such rights and privileges and be subject to the
same terms, conditions, 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 part thereof may at any time hereafter be changed,
annexed, or merged.
[Amended 8-3-2000 by Ord. No. 1267]
The permission and consent hereby granted shall apply to and
cover all communications lines of the Company existing at any time
and related structures, process equipment, and appurtenances removed,
located, relocated, replaced, maintained, heretofore or hereafter
erected, constructed, reconstructed, 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.
The Company shall maintain its property within the Borough 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
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 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, and any subsequent amendments, shall not become
effective until acceptance thereof by the Company and approval thereof
by the Board of Public Utility Commissioners.