[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 2-12-2013 by Ord. No. 2013-01. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the following meanings:
COMPANY
Every telegraph and telephone company that has received permission pursuant to this chapter.
TELECOMMUNICATIONS FACILITIES
Cables, poles, ducts, conduits and associated fixtures, process equipment and appurtenances used in connection with providing telecommunications services.
PERMISSION
The permission which may be granted by the Borough Council pursuant to this chapter.
BOROUGH STREET
Each and every Borough road, street and highway.
Pursuant to the provisions of Title 48 of the Revised Statutes of New Jersey, every company desiring permission to use Borough streets for its telecommunications facilities shall make application to the Borough Clerk. The Borough Council may grant such permission, subject to the terms, restrictions and limitations of this chapter.
Every company which has received permission may, within the terms, restrictions and limitations of this chapter, erect, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its telecommunications facilities in, through, upon, along, over, under, and across the entire length of Borough streets, and to effect the necessary street openings and lateral connections to curb poles, property lines, and other facilities for the company's local and through lines and other communications facilities.
The permission granted to each company shall be effective and shall expire as provided in the ordinance granting permission. Every company receiving permission may seek such changes as it may deem necessary and reasonable from time to time prior to expiration.
All poles, posts, pedestals, cabinets, and other facilities shall be located and placed behind the curblines where shown on the official map(s) of the Borough; provided, however, that poles and posts shall be located within 18 inches of the face of such curblines, as may otherwise be agreed upon by the company and the Borough Engineer or at the points or places already occupied by the poles, posts, pedestals, cabinets, or other facilities of the company at the time it received permission.
A. 
The company may bury its telecommunications facilities within the rights-of-way of streets at such locations as may be agreed upon by the company and the Borough Engineer.
B. 
Underground facilities shall be placed below the surface of streets and, with the exception of lateral branches to curb poles and property lines and other facilities, shall generally be constructed not more than 10 feet from the curbline unless obstructions make it necessary to deviate from such course or unless another location is authorized by the Borough Engineer. Underground facilities shall be placed at least 18 inches below the surface.
C. 
Manholes shall be located at such points along underground telecommunications facilities as may be necessary or convenient for placing, maintaining, and operating the company's facilities and shall be constructed 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.
D. 
Where utilities are installed underground, the company shall install all of its telecommunications facilities at or below grade, except that lots which abut streets with aboveground utilities may be supplied with service from existing overhead lines or extensions thereof if the service connections from the overhead lines shall be installed underground.
Before proceeding with any new construction or relocation work, the company shall give prior written notice to the Borough Engineer, including therewith a map or plan showing the location and extent of such work. Such maps or plans are for information of the Borough only and shall not be considered as construction specifications upon which the Borough or any third party may rely for subsequent excavation or other work.
Prior to the opening or excavating of any street, the company shall obtain such street opening or excavation permits, and pay such fees therefor as may be lawfully required, as provided by any Borough ordinances regulating such openings or excavations. No building permits or zoning variances shall be required for the company's telecommunications facilities.
Every street, and any pavement or other surface or planting, which is disturbed by a company in constructing its telecommunications facilities shall be restored to as good condition as it was before the commencement of work. Such restoration shall be subject to the approval of the Borough Engineer.
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 or highway in conjunction with road construction being performed by the Borough, the company shall change the location of its aboveground telecommunications facilities, covered by this chapter, so that the same shall be back of, and adjacent to, the new curbline so established, upon receipt of notice that the curbline has been so established, so long as the municipality has acted with reasonable care in establishing the new curbline and providing notice thereof.
Any company having legal authority to install telecommunications facilities in the Borough may jointly use the company's telecommunications facilities 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 chapter.
Each company shall indemnify and save harmless the Borough from and against all costs or expenses resulting from loss of life or property, or injury or damage to the person or property of any person, firm, or corporation caused by or arising out of conditions resulting from negligence or fault connected with the work or equipment of the company, when not attributable to the negligence or fault of the Borough; except that if such loss, 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 degrees of negligence or fault.
Nothing in this chapter shall be construed to grant to any company an exclusive right, or to prevent the granting of permission to other companies for like purposes on the streets of the Borough.
The company shall pay the expenses incurred for advertising required in connection with granting permission within 30 days after the company has received a bill for said advertising from the publisher.
If any street where the company has telecommunications facilities is vacated by the Borough, the Borough shall reserve to the company the rights granted to the company by this chapter.
Following final passage of an ordinance granting permission, the Borough Clerk shall provide the company with written notice thereof by certified mail. As provided by applicable law, permission shall not become effective until acceptance thereof by the company, and approval thereof by the Board of Public Utilities.