[Ord. No. 2007-18 §§ 1
— 17]
a.
Grant of Permission. Pursuant to the provisions of N.J.S.A. 48:17-10,
N.J.S.A. 48:17-11 and N.J.S.A. 48:17- 12, non-exclusive permission
and consent is hereby granted to United Telephone of New Jersey, Inc.,
("Company"), its successors and assigns, to erect, construct and maintain
the necessary poles, wires/cables, conduits, or other fixtures in,
upon, along, over or under any public street, road, or highway, 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 Wantage (the "Township") for
said Company's local and through lines in connection with the
transaction of its business. This section does not authorize placement
of wireless telecommunications facilities within the Township's
rights-of-way. This section also does not authorize Company to construct
switching stations in the Township's rights-of-way without separate
permission.
b.
Aboveground Poles and Facilities. All poles and above-ground facilities
hereafter located within the rights-of-way shall be placed back of
the curb lines where shown on the official map(s) of the Township
or other filed maps, surveys or approved site plans that are necessary
to establish the location of road rights-of-way. Said facilities shall
be located in accordance with applicable standards, including, but
not limited to, Township ordinances, Residential Site Improvement
Standards, and NJDOT standards, or at the points or places now occupied
by the poles or other facilities of Company, or at such other convenient
points or places in, upon, along, adjacent, or across the public streets
and ways as may be mutually agreed upon between Township and Company.
Facilities to service all new residential subdivisions will be constructed
underground unless the property owner obtains the Township's
permission otherwise.
c.
Underground Facilities. Company may bury its facilities within the
right-of-way of the various public streets and ways and at such locations
as shall be mutually agreed upon by the parties. Underground conduits
and associated facilities shall be placed at least 18 inches below
the surface of said public streets and ways and, with the exception
of lateral branches to curb poles and property lines and other facilities,
the same shall generally 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.
Manholes shall be located at such points along the line of underground
conduits as may be necessary or convenient for placing, maintaining,
and operating the facilities which Company may from time to time use
in connection with its underground conduit system and 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.
d.
Restoration of Property; Performance Bond. Any such area affected
by United Telephone Company in constructing its facilities shall be
restored to as good condition as it was before the commencement of
work thereon. No public streets or ways shall be encumbered for a
period longer than shall be reasonable to execute the work. Company
shall continue to keep in effect a permit bond in the amount of $5,000
as a performance guarantee for restoration of disturbed areas. For
projects where the estimated cost of restoration exceeds $5,000 the
Township may request a supplemental bond for the difference.
e.
Liability. Company agrees to indemnify and save harmless the Township
from and against all claims and liabilities resulting from any injury
or damage to the person or property of any person, firm or corporation
caused by or arising out of conditions resulting from any negligent
or faulty excavation, installation or maintenance connected with its
work or equipment. The provisions of this section shall not be interpreted
to relieve the Township from liability to Company or third parties
in the event of joint or concurring negligence or fault of Company
and the Township; provided, however, that the legal liability of the
Township, if any, shall be determined under applicable law, taking
into account the privileges and immunities afforded a governmental
entity.
f.
Relocation of Facilities. 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 change the width or realign an existing
street in conjunction with road construction being performed by the
Township, Company shall change the location of its aboveground and
below-ground facilities covered by this section, so that the same
shall be back of, and adjacent to, the new curbline so long as the
Township has acted in accordance with applicable law and with reasonable
care in establishing the new curbline and providing notice thereof.
Company shall bear the costs so long as the relocation is not for
aesthetic purposes or governed by N.J.S.A. 40A:26A-8.
g.
Use of Poles and/or Facilities by More than One Company. Any company
or corporation having legal authority to place its facilities in the
public streets and ways of the Township may jointly use Company's
poles, conduits or other fixtures for all lawful purposes, provided
that Company consents to such use, on terms and conditions acceptable
to Company and not inconsistent with the provisions of this section,
and that said company or corporation has obtained consent from the
Township.
h.
Take Over of Streets by County or State; Provisions. If any or all
of the said streets or ways are later taken over by the County of
Sussex or the State of New Jersey, such County or State shall have
the rights and privileges and be subject to the same terms, conditions
and limitations of use as apply herein to the Township, provided,
however, that such satisfactory prior arrangements as may be necessary
are made with the Township and Company for the full protection of
the respective interest of each.
i.
Definition of Township. The term "Township" as used in this section
shall be held to apply to and include any form of municipality or
government into which the Township or any part thereof may at any
time hereafter be changed, annexed, or merged.
j.
Applicability of Section. The permission and consent hereby granted
shall apply to facilities, existing or hereafter constructed or operated
by Company, its predecessors, successors, or assigns. This section
shall cancel and supersede all prior consent ordinances between the
Township and Company regarding the subject matter thereof.
k.
Right to Impose Fees on Taxes by Township. This section shall not
affect the ability of the Township to impose real property taxes on
the facilities of Company under current law. Further, if in the future
applicable law should change so as to enable the Township to impose
a franchise fee or other fee, tax charge, or monetary obligation on
Company's operations or facilities hereunder, Company agrees
that the provisions of this section shall not preclude the Township
from imposing or collecting such fee, tax, charge or other monetary
obligation which may be permitted by law.
l.
Maintenance of Property. Company shall maintain its property within
the Township in good condition and shall comply with the applicable
law for the provision of safe, adequate and proper service at just
and reasonable rates, and safeguard the public interest in continuous
and uninterrupted service.
m.
Streets Not Dedicated or Open for Public Law. Nothing contained in
this section shall be construed to impose an obligation on the part
of the Township to open any street not heretofore dedicated or opened
to public use, and nothing herein shall be construed as an acceptable
by the Township of any unaccepted street or any part thereof where
any pole, wire, conduit, cable or other fixture may exist.
n.
Vacated Streets. In the event that any public street or way where
any pole, conduit, cable or other fixture owned or used by Company
exists is vacated by the Township, the Township agrees to reserve
unto Company the rights granted by this section. Township would have
no further obligation or responsibility to maintain or provide access
to the right-of-way.
o.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this section shall be declared to be unenforceable or
invalid for any reason whatsoever, such decision or declaration shall
not affect the remaining portions of this section, which shall continue
in full force and effect; and to this end the provisions of this section
are hereby declared severable.
p.
Expenses. Company shall pay the expenses incurred for advertising
required in connection with the passage of this section, after the
date of its first reading, within 30 days after Company has received
a bill for said advertising.
q.
Effective Date. Following final passage of this section, the Township
Clerk shall provide Company with written notice thereof by certified
mail. As provided by applicable law, this section and any subsequent
amendments, shall not become effective until acceptance by Company
and approval by the Board of Public Utilities.
