[Ord. #87-815]
[Ord. No. 2002-912 § 1]
The following words and phrases shall have the following meanings
in this section:
Shall mean and apply to every telegraph and telephone company
which has received permission pursuant to this section.
Shall mean the permission which may be granted by the Township
pursuant to this section.
Shall mean cables, poles, ducts, conduits and associated
fixtures, process equipment and appurtenances used in connection with
providing telecommunications services.
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.
