[Adopted 12-16-01 by Ord. No. 8]
No posts or poles shall be placed upon any of the streets or highways of the Borough of Avon-by-the-Sea to sustain wires and other fixtures and appurtenances, or for any purpose whatever, without obtaining a privilege therefor from the Mayor and Council of said Borough, which said privilege may be given by ordinance and not otherwise, which said ordinance shall designate the manner of placing said posts or poles and of exercising the privilege granted to any company or individual applying therefor by the Legislature of the State of New Jersey in the use of said streets, alleys and highways.
The following manner of placing said posts or poles and of exercising the privileges granted to any company or individual by the Legislature of New Jersey, in the use of said streets, alleys and highways is hereby designated and prescribed.
A. 
Said posts and poles shall be located and erected within one (1) foot of the curblines as shown by the Official Map of this Borough or at convenient points and places upon the streets, highways and alleys where any company or individual may acquire the right to erect said post or poles, which places shall not be more than one hundred fifty (150) feet apart and not less than one hundred (100) feet apart.
B. 
The use of said streets, alleys and highways by any company or individuals shall be subject to the following regulations and restrictions:
(1) 
Before erecting posts or poles any company or individual shall obtain from the owner of the soil upon which said posts or poles are to be erected, the legal consent in writing, and shall file with the Clerk of this Borough a statement of the intended location of the same and the name or names of the property owners consenting thereto, together with a copy of their consent.
(2) 
Installation and use.
(a) 
All wires shall be so placed as to hang not less than twenty (20) feet above the street crossings and not less than twenty (20) feet above the sidewalks or alleys over which they are drawn.
(b) 
All wires shall be placed on posts or poles which shall be reasonably straight, dressed and cleaned of all bark and painted, and all conductors shall be properly covered with weatherproof insulation.
(c) 
All constructions shall be in accordance with the rules and regulations of the Board of Fire Underwriters.
(3) 
Whenever it may be found necessary, in making any of the constructions by any ordinance contemplated in this article, or any repairs to the same, to interfere with or disturb any streets, alleys, pavements or sidewalks, the same shall be replaced and restored to their original condition by or at the expense of any company or individual.
(4) 
The Borough shall have the right to use the top arm on any post or pole erected in accordance with any ordinance for the purpose of attaching any fire alarm, telephone, telegraph or any other system which may hereafter be adopted or used by said Borough for Borough purposes.
The Mayor and Council of said Borough shall make and prescribe such other conditions as it may deem proper, which conditions shall be incorporated in the ordinance granting to any company or individual the rights to use said streets, alleys or highways.