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.