[HISTORY: Adopted 3-3-1981 by Ord. No. 4-81-O. Amendments noted where applicable;
also 1974 Code Chapter A161]
Pursuant to the provisions of N.J.S.A. 48:17-10 and 17-11 and
subject to the provisions of § A161-4 hereof, permission
and consent is hereby granted to New Jersey Bell Telephone Company,
its successors and assigns, to erect, construct, reconstruct, remove,
locate, relocate, replace, inspect, maintain, repair and operate its
communications facilities and other transmission or process equipment,
including underground facilities such as conduits, manholes, cables,
subways and facilities appurtenant thereto, and aerial and buried
facilities, such as cables, wires, antennas, poles, posts, supports,
guys, pedestals, cable termination and distribution cabinets and all
other facilities appurtenant thereto in, through, upon, along, over,
under and across all of the various public ways, sidewalks, streets,
roads, avenues, highways, bridges, waterways and other public places,
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 Berkeley for said company's
local and through lines and other communications facilities in connection
with the transaction of its business. All of the public ways, including,
by way of illustration and not of limitation, the various sidewalks,
streets, roads, avenues, highways, bridges and waterways and other
public places, and parts thereof, throughout their entire length located
in this municipality, are hereby designated and prescribed for the
uses and purposes of said company as aforementioned.
All poles, posts, pedestals, cabinets or other facilities hereafter
to be erected, constructed, reconstructed, located, relocated, maintained,
repaired or operated shall be located and placed back of the curblines
where shown on the official map(s) of the Township of Berkeley; the
poles and posts, however, shall be located within 18 inches of the
face of such curbline or as may otherwise be mutually agreed on by
both parties or at the points or places now occupied by the poles,
posts, pedestals, cabinets or other facilities of New Jersey Bell
Telephone Company, its successors and assigns, and where there are
no curblines, at other convenient points or places in, upon, along,
adjacent or across the public ways, streets, roads, avenues, highways
or other public places as may be mutually agreed upon between the
parties.
A.
New Jersey Bell Telephone Company may bury its cables and associated
equipment, fixtures, process equipment and appurtenances within the
right-of-way of the various public ways, sidewalks, streets, roads,
avenues, highways and other public places and parts thereof and at
such locations as shall be mutually agreed upon by the parties for
said company's local and through lines and communications facilities.
B.
Underground conduits shall be placed below the surface of said public
ways, sidewalks, streets, roads, avenues, highways and other public
places and parts thereof and, with the exception of lateral branches
to curb poles and property lines and other facilities, said conduits
generally shall 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. Underground
conduits shall be placed at least 18 inches below the surface.
C.
Manholes shall be located at such points along the line of subways
or underground conduits as may be necessary or convenient for placing,
maintaining and operating the facilities, cables, conductors and other
appurtenances or process equipment which said company may from time
to time place in said subways or underground conduits and which 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.
A.
Before proceeding with any new construction or relocation work in
an area covered by this ordinance, New Jersey Bell Telephone Company
shall give prior notice in writing thereof to the Township of Berkeley,
by its designated representative, of its intention to perform such
work, including therewith a map or plan showing the location and size
of such facilities. Such maps or plans are for information of the
municipality only and shall not be considered as construction specifications
upon which subsequent excavation or other work may proceed either
by the municipality or a third party.
B.
Prior to the opening or excavating of any public ways, sidewalks,
streets, roads, avenues, highways or other public places or parts
thereof for the purpose of installing, maintaining or operating its
underground systems as aforementioned, the company shall only be required
to first obtain such street opening or excavation permits and pay
such reasonable fees therefor as may be required to cover the costs
of administration and inspection as provided by any ordinances regulating
such openings or excavations. No building permits or zoning variances
shall be required.
The surface of the public ways, sidewalks, streets, roads, avenues,
highways and other public places and any pavement or other surface
and/or planting disturbed by New Jersey Bell Telephone Company in
constructing its facilities shall be restored to as good condition
as it was before the commencement of work thereon. No highways or
other public ways shall be encumbered for a period longer than shall
be necessary to execute the work. Such restoration shall be subject
to the approval of the Township of Berkeley after an inspection by
its authorized representative upon completion of the 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 Township of Berkeley, New
Jersey Bell Telephone Company shall change the location of its poles,
pedestals and related appurtenances so that the same shall be in 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 or corporation having legal authority to erect and
maintain poles, posts or pedestals upon any of the public ways, sidewalks,
streets, roads, avenues, highways or other public places in the Township
of Berkeley may jointly use the company's poles, posts, pedestals
or other structures for all lawful purposes, provided that the company
consents to such use and on terms and conditions acceptable to the
company and not inconsistent with the provisions of the present ordinance.
A.
New Jersey Bell Telephone Company shall provide, without charge,
for the sole benefit of the Township of Berkeley and for as long as
this ordinance shall continue in effect, space on its poles so long
as said poles are occupied by the company and space, to the extent
available, in its main subways existing on the date of passage of
this ordinance, but not exceeding one clear duct of standard size,
solely to accommodate the wires or electrical conductors required
for one-way signal control in connection with this municipality's
police patrol, fire alarm signal control and traffic signal control
systems only, but for no other uses or purposes, either alone or in
conjunction therewith, nor for circuits for the supply of electrical
energy for traffic or other signals, nor for wires, conductors, cable
or the equivalent which provide a means of transmitting any signal
to a private commercial or residential location and which is normally
provided by a nongovernmental supplier; provided, further, that no
such use or attachment by the municipality shall interfere with the
plant or facilities of or the use thereof by the company. All costs
or expenses incurred by the company in connection therewith shall
be paid by the Township of Berkeley.
B.
Before proceeding with the attachment of its wires to the poles or
the placing of its electrical conductors in the main subways or manholes
of the company, either by itself or by a person, firm or corporation
engaged to perform such work, the Township of Berkeley shall give
the company 30 days' prior notice in writing. All such work shall
be performed under the supervision of said company. If any or all
of said streets or highways are later taken over by the Board of Chosen
Freeholders of the County of Ocean or the State of New Jersey Department
of Transportation, such Board of Chosen Freeholders or the Department
of Transportation shall have such rights and privileges and be subject
to the same terms, conditions and limitations of use as herein granted
by this ordinance to the Township of Berkeley; provided, however,
that satisfactory prior arrangements as may be necessary are made
with the Township of Berkeley and the company for the full protection
of the respective interests of each.
C.
In the event of vacation of any public streets or way by the Township
of Berkeley, the municipality agrees to reserve unto New Jersey Bell
Telephone Company the rights granted the company by the present ordinance.
The Township of Berkeley agrees to indemnify, save harmless and, in the event of suit, to defend New Jersey Bell Telephone Company from and against all losses, costs, damages, claims or demands arising out of or caused or alleged to have been caused in any manner by the use or enjoyment by the Township of Berkeley of the company's utility poles, plant or facilities, including location in the subways of the company of any wires or electrical conductors of the Township of Berkeley in accordance with § A2-8 above, including all suits or actions of every kind or description brought against the company, either individually or jointly with the Township of Berkeley or another, including those brought by employees of said municipality, for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by or on account of the performance of any work by the Township of Berkeley associated with the installation or maintenance of any such wires, cables, electrical conductors or other facilities either attached to said company's utility poles or located in its main subways or through any negligence or alleged negligence in performing such work operations or through any act, omission or fault or alleged act, omission or fault of the Township of Berkeley, its employees or agents.
A.
Following final passage of this ordinance and acceptance thereof
by New Jersey Bell Telephone Company, the permission and consent granted
herein shall continue and be in full force and effect for a period
of 50 years from the date of its approval by the New Jersey Board
of Public Utilities as required by law, subject to the right of the
company to seek such changes herein as it may deem necessary and reasonable
from time to time and prior to the expiration of said period.
B.
New Jersey Bell Telephone Company, for itself, its successors and
assigns, agrees to maintain its property within the Township of Berkeley
in good order throughout the full term of the present ordinance; shall
furnish safe, adequate and proper service within the Township of Berkeley
at just and reasonable rates; and, at and after expiration of the
term of the present ordinance, to safeguard the public interest in
continuous and uninterrupted service within the Township of Berkeley.
New Jersey Bell Telephone Company agrees to indemnify and save
harmless the Township of Berkeley from and against all costs or expenses
resulting from any loss of life or property or injury or damage to
the person or property of any person, firm or corporation (including
but not limited to the parties hereto and their respective officers,
agents and employees) and from any and all claims, demands, liabilities
or actions for such loss, injury or damage caused by or arising out
of road conditions resulting from any excavations, installation or
maintenance connected with the work or equipment of said company,
or both, when not attributable to the fault, failure or negligence
of the Township of Berkeley, except that if such loss, injury or damage
shall be caused by the joint or concurring negligence or fault of
the company and the Township of Berkeley, the same shall be borne
by them to the extent of their respective fault or negligence.
Nothing herein contained shall be construed to grant unto said
New Jersey Bell Telephone Company, its successors and assigns an exclusive
right, or to prevent the granting of permission and consent to other
companies for like purposes on any of the streets, roads, avenues
or highways of the Township of Berkeley.
As used in this ordinance, the following term shall have the
meaning indicated:
Shall be held to apply to and include any form of municipality
or government into which the Township of Berkeley or any part thereof
may at any time hereafter be changed, annexed or merged; and the term
"township" or any other term herein used in referring to the governing
body of the Township of Berkeley shall be held to apply to and include
the governing body of such other form of municipality.
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time and related structures, process equipment and appurtenances heretofore
or hereafter erected, constructed, reconstructed, removed, located,
relocated, replaced, maintained, repaired or operated by New Jersey
Bell Telephone Company, its predecessors, successors or assigns within
the Township of Berkeley.
Upon adoption, this ordinance will cancel and supersede an ordinance
enacted on May 14, 1931, by the Township of Berkeley.
New Jersey Bell Telephone 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 the company
has received a bill for said advertising from the publisher.
Upon passage of this ordinance in accordance with law, the Municipal
Clerk shall provide New Jersey Bell Telephone Company with written
notice thereof by certified mail. Said company shall file with the
Municipal Clerk its written acceptance of said ordinance within 30
days after receipt of said notice.
