[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista 4-26-1993 by Ord. No. 255-1993 (Ch. A112, Art. I,
of the 1993 Code). 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
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, 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 Township of Buena Vista (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.
As used in this ordinance, the following terms shall have the
meanings indicated:
TOWNSHIP
Applies to and includes any form of municipality or government
into which the Township or any part thereof may at any time hereafter
be changed, annexed or merged.
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 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, 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 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 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 company and the Township. The fault 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, 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 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 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 and traffic
signal 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 and which is normally
provided by a nongovernmental supplier; provided, further, that no
such use or attachment by the Township shall interfere with the plant
or facilities of or 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, either 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 removal
or the Township'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 later taken over
by the County of Atlantic or the State of New Jersey, such county
or state shall have such rights and privileges and shall 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 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.
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 Regulatory Commissioners.