[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive 10-9-2007 by Ord. No. 40-2007 (Ch. A333 of the 1990
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks – See Ch.
347.
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, nonexclusive permission and consent is hereby
granted to United Telephone of New Jersey, Inc., ("company"), its
successors and assigns, to erect, construct and maintain the necessary
poles, wires/cables, conduits, or other fixtures in, upon, along,
over or under any public street, road, or highway, 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 Mount Olive (the "Township") for
said company's local and through lines in connection with the
transaction of its business. This ordinance does not authorize placement
of wireless telecommunications facilities within the Township's
rights-of-way. This ordinance also does not authorize the company
to construct switching stations in the Township's rights-of-way
without separate permission.
All poles and aboveground facilities hereafter located within
the rights-of-way shall be placed back of the curblines where shown
on the Official Map(s) of the Township or other filed maps, surveys
or approved site plans that are necessary to establish the location
of road rights-of-way. Said facilities shall be located in accordance
with applicable standards, including, but not limited to, Township
ordinances, Residential Site Improvement Standards, and NJDOT standards,
or at the points or places now occupied by the poles or other facilities
of the company, or at such other convenient points or places in, upon,
along, adjacent, or across the public streets and ways as may be mutually
agreed upon between Township and company. Facilities to service all
new residential subdivisions will be constructed underground unless
the property owner obtains the Township's permission otherwise.
The company may bury its facilities 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. Underground conduits and associated
facilities 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 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.
Any such area affected by United Telephone 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 shall continue to keep in effect a permit bond
in the amount of $5,000 as a performance guarantee for restoration
of disturbed areas. For projects where the estimated cost of restoration
exceeds $5,000, the Township may request a supplemental bond for the
difference.
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 conditions resulting from any negligent
or faulty excavation, installation or maintenance connected with its
work or equipment. The provisions of this section shall not be interpreted
to relieve the Township from liability to the company or third parties
in the event of joint or concurring negligence or fault of the company
and the Township; provided, however, that the legal liability of the
Township, if any, shall be determined under applicable law, taking
into account the privileges and humanities afforded a governmental
entity.
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 change the width or realign an existing street in conjunction
with road construction being performed by the Township, the company
shall change the location of its aboveground and below-ground facilities
covered by this ordinance, 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 and providing notice thereof. The company shall bear
the costs so long as the relocation is not for aesthetic purposes
or governed by N.J.S.A. 40A:26A-8.
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, conduits or other fixtures 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 ordinance, and that said company or corporation
has obtained consent from the Township.
If any or all of the said streets or ways are later taken over
by the County of Morris or the State of New Jersey, such county or
state shall have the rights and privileges and be subject to the same
terms, conditions and limitations of use as apply herein to the Township;
provided, however, that such 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 term "Township" as used in this ordinance shall be held
to apply to and include any form of municipality or government into
which the Township or any part thereof may at any time hereafter be
changed, annexed, or merged.
The permission and consent hereby granted shall apply to facilities
existing or hereafter constructed or operated by the company, its
predecessors, successors, or assigns. This ordinance shall cancel
and supersede all prior consent ordinances between the Township and
the company regarding the subject matter hereof.
This ordinance shall not affect the ability of the Township
to impose real property taxes on the facilities of the company under
current law. Further, if in the future applicable law should change
so as to enable the Township to impose a franchise fee or other fee,
tax, charge, or monetary obligation on the company's operations
or facilities hereunder, the company agrees that the provisions of
this ordinance shall not preclude the Township from imposing or collecting
such fee, tax, charge or other monetary obligation which may be permitted
by law.
The company shall maintain its property within the Township
in good condition 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.
Nothing contained in this ordinance shall be construed to impose
an obligation on the part of the Township to open any street not heretofore
dedicated or opened to public use, and nothing herein shall be construed
as an acceptance by the Township of any unaccepted street or any part
thereof where any pole, wire, conduit, cable or other fixture may
exist.
In the event that any public street or way where any pole, conduit,
cable or other fixture owned or used by the company exists is vacated
by the Township, the Township agrees to reserve unto the company the
rights granted by this ordinance. Township would have no further obligation
or responsibility to maintain or provide access to the right-of-way.
If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance shall be declared to be unenforceable or invalid
for any reason whatsoever, such decision or declaration shall not
affect the remaining portions of this ordinance, which shall continue
in full force and effect, and to this end the provisions of this Ordinance
are hereby declared severable.
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 Company has received
a bill for said advertising.
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 by the company
and approval by the Board of Public Utilities.