Township of Branchburg, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #87-815]
[Ord. No. 2002-912 § 1]
The following words and phrases shall have the following meanings in this section:
COMPANY
Shall mean and apply to every telegraph and telephone company which has received permission pursuant to this section.
PERMISSION
Shall mean the permission which may be granted by the Township pursuant to this section.
TELECOMMUNICATIONS FACILITIES
Shall mean cables, poles, ducts, conduits and associated fixtures, process equipment and appurtenances used in connection with providing telecommunications services.
TOWNSHIP STREET
Shall mean each and every Township road, street and highway.
[Ord. No. 2001-912 § 1]
Pursuant to the provisions of Title 48 of the Revised Statutes of New Jersey, every company desiring permission to use Township streets for its telecommunications facilities shall make application to the Township Clerk. The Township Committee may grant such permission, subject to the terms, restrictions and limitations of this section.
[Ord. No. 2002-912 § 1]
Every company which has received permission may, within the terms, restrictions and limitations of this section, 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 Township 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.
[Ord. No. 2002-912 § 1]
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.
[Ord. No. 2002-912 § 1]
Permission to the company shall apply to the company and its successors or assigns.
[Ord. No. 2002-912 § 1]
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 Township; 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 Township 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.
[Ord. No. 2002-912 § 1]
a. 
The company may bury its telecommunications facilities within the right-of-way of streets at such locations as may be agreed upon by the company and the Township 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 Township 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. 
In subdivisions where utilities are installed underground, the company shall install all of its telecommunications facilities at or below grade, except that lots in such subdivision which abut streets with aboveground utilities may be supplied with telephone service from existing overhead lines or extensions thereof if the service connections from the overhead lines shall be installed underground.
[Ord. No. 2002-912 § 1]
Before proceeding with any new construction or relocation work, the company shall give prior written notice to the Township Engineer, including therewith a map or plan showing the location and extent of such work. Such maps or plans are for information of the Township only and shall not be considered as construction specifications upon which the Township or any third party may rely for subsequent excavation or other work.
[Ord. No. 2002-912 § 1]
Prior to the opening or excavating of any street, the company shall obtain such street opening or excavation permits, and pay such fees therefore as may be lawfully required, as provided by any ordinances regulating such openings or excavations. No building permits or zoning variances shall be required for the company's telecommunications facilities.
[Ord. No. 2002-912 § 1]
Every street, and any pavement or other surface or planting, which is disturbed by the 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 Township Engineer.
[Ord. No. 2002-912 § 1]
No company shall encumber any street for a period longer than shall be necessary to execute its work.
[Ord. No. 2002-912 § 1]
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, the company shall change the location of its aboveground telecommunications facilities, covered by this section, 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.
[Ord. No. 2002-912 § 1]
Any company having legal authority to install telecommunications facilities in the Township may jointly use the company's telecommunications facilities for all lawful purposes, provided the company consents to such use, on terms and conditions acceptable to the company and not inconsistent with the provisions of this section.
[Ord. No. 2002-912 § 1]
Each company shall indemnify and save harmless the Township 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 Township; 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, the same shall be borne by them to the extent of their respective degrees of negligence or fault.
[Ord. No. 2002-912 § 1]
Nothing in this section 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 Township.
[Ord. No. 2002-912 § 1]
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.
[Ord. No. 2002-912 § 1]
If any street where the company has telecommunications facilities is vacated by the Township, the Township shall reserve to the company the rights granted to the company by this section.
[Ord. No. 2002-912 § 1]
Following final passage of an ordinance granting permission, the Township 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.
[Ord. No. 2002-912 § 1]
Permission was granted to Verizon New Jersey through September 28, 2037 by Ordinance 87-515, adopted September 28, 1987 and approved by the New Jersey Board of Public Utilities by order dated December 23, 1988, Docket No. TE880910250. The consent granted in Ordinance 87-515 shall continue through September 28, 2037, provided that any inconsistent provisions thereof are amended and superseded by the provisions of this section, subject to such approval by the New Jersey Board of Public Utilities as may be required by law.
[Ord. No. 2002-912 § 1]
Permission is granted to United Telephone of New Jersey, Inc. for 25 years from the final adoption of Ordinance 2002-912.[1]
[1]
Editor's Note: Ordinance No. 2002-912 was adopted November 25, 2002.
[Ord. No. 2003-923, § 1]
Permission is granted to Sunesys High Performance for 25 years from the final adoption of Ordinance 2003-923.[1]
[1]
Editor's Note: Ordinance No. 2003-923, codified herein, was adopted May 12, 2003.
[Ord. No. 2003-923, § 1]
Permission is granted to Teleport Communications Group for 25 years from the final adoption of Ordinance 2003-923.[1]
[1]
Editor's Note: Ordinance No. 2003-923, codified herein, was adopted May 12, 2003.
[Ord. No. 2004-948, § 1]
Permission is granted to Neon Communications, Inc. for 25 years from the final adoption of Ordinance 2004-948.[1]
[1]
Editor's Note: Ordinance No. 2004-948, referred to herein, was adopted March 22, 2004.
[Ord. No. 2007-1068, § 1]
Permission is granted to AboveNet Communications for 25 years from the final adoption of Ordinance 2007-1068.[1]
[1]
Editor's Note: Ordinance No. 2007-1068, codified herein, was adopted July 9, 2007.
[Ord. No. 2008-1101 § 1]
Permission is granted for 25 years from the final adoption of Ordinance 2008-1101.[1]
[1]
Editor's Note: Ordinance No. 2008-1101, referred to herein, was adopted July 28, 2008.
[Ord. No. 2008-1110, § 1]
Permission is granted to Cablevision - Lightpath for 25 years from the final adoption of Ordinance 2008-1110.[1]
[1]
Editor's Note: Ordinance No. 2008-1110, codified herein, was adopted October 27, 2008.
[Ord. No. 2012-1211]
Permission is granted to United Federal Data, L.L.C. for 25 years from the final adoption of Ordinance 2012-1211.[1]
[1]
Editor's Note: Ordinance No. 2012-1211, codified herein, was adopted November 26, 2012.