[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:
Every telegraph and telephone company that has received permission
pursuant to this chapter.
Cables, poles, ducts, conduits and associated fixtures, process
equipment and appurtenances used in connection with providing telecommunications
services.
The permission which may be granted by the Borough Council
pursuant to this chapter.
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.
Permission to a company shall apply to the company and its successors
or assigns.
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.
No company shall encumber any street for a period longer than
shall be necessary to execute its work.
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.
A.
Permission is granted to United Federal Data, LLC, for 25 years from
the final adoption of Ordinance 2013-01.
