[Adopted 5-2-2017 by Ord.
No. 17-9 (Ch. A193 of the 1990 Code)]
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, permission and consent is hereby granted to
Verizon, New Jersey Inc. ("the Company"), its successors and assigns,
to install, operate, inspect, maintain, repair, replace and remove
its communications facilities and other transmission or process equipment,
including underground 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 streets
and ways, which include roads, avenues, rights-of-way, sidewalks,
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 cub poles, property lines and
other facilities in the Township of Harmony ("the Township") for said
Company's local and through lines and other communications facilities
in connection with the transaction of its business. In the event that
any public street or way where the Company has facilities is vacated
by the Township, the Township agrees to reserve unto said Company
the rights granted the Company by the present ordinance.
A.
All poles, posts, pedestals, cabinets, or other facilities shall
be located and placed back of the curblines where shown on the official
map(s) of the Township. The poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties or required by law, or at the points
or place now occupied by the poles, posts, pedestals, cabinets, or
other facilities of the 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 streets and ways as may be mutually
agreed upon between both parties.
B.
The Company may bury its local and through communications facilities
such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances 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 for said Company's local and through
lines and communications facilities. Underground conduits and associated
facilities, as aforementioned, 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 as aforementioned, which the 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.
Before proceeding with any new construction or relocation work
in an area covered by this ordinance, the Company shall give prior
notice in writing thereof to the Township, through its designated
representative, of its intention to perform such work. The Company
shall obtain such street opening or excavation permits as may be lawfully
required by any applicable ordinances regulating such openings or
excavations. Any such area affected by the 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.
The 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 road conditions resulting from any negligent
or faulty excavations, installation or maintenance connected with
the work or equipment of said Company, and not attributable to the
fault or negligence of the Township, except that if such 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 fault or negligence.
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 in conjunction with road construction
being performed by the Township, the Company shall change the location
of its aboveground facilities covered by this ordinance in accordance
with applicable law, 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.
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Township may jointly
use the Company's poles, posts, pedestals or other structures 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 the present Ordinance.
The Company shall provide space, to the extent available, on
its poles so long as said poles are occupied by the Company and space,
to the extent available, in its main conduits existing on the date
of passage of this ordinance. Such space shall be provided for the
exclusive use of the Township which use shall be limited to accommodating
the wires or electrical conductors required for one-way signal control
in connection with Municipal police patrol, fire alarm signal control
and traffic signal control systems only; but for no other uses or
purposes, 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 provides 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 Township
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. It shall be the obligation
of the Township to attach its wires to the poles or place its electric
conductors in the conduits or manholes of the Company, provided that
before proceeding with said work, either by itself or by a person,
firm or corporation engaged to perform such work, the Township shall
give the Company 30 days' prior notice in writing. All such work shall
be performed under the supervision of said Company. The Township agrees
to indemnify and save harmless the Company 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 the Township's installation, maintenance, operation or removal
of wires or facilities or the Township's use or enjoyment of the Company's
plant or facilities as provided under this section, except that if
such injury or damage shall be caused by joint or concurring negligence
of the Company and Township, the same shall be borne by them to the
extent of their respective fault or negligence.
If any or all of the said streets or ways are later taken over
by the County of Warren or State of New Jersey, such county or state
shall have such rights and privileges and be subject to the same terms,
conditions and limitations of use as apply herein to the Township,
provided, however, that satisfactory prior arrangements as may be
necessary are made with the Township and the Company for the full
protection of the respective interest of each.
The term "Township" as used in this ordinance 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.
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
the Company, its predecessors, successors, or assigns within the Township.
This ordinance shall cancel and supersede all prior consent ordinances
between the Township and the Company regarding the subject matter
hereof.
This ordinance shall continue in full force and effect for a
period of 50 years from the date it becomes effective subject to the
right of the Company to seek such changes herein as may be deemed
necessary from time to time prior to the expiration of said period,
said changes to be approved by the Township. The Company shall maintain
its property within the Township and shall comply with applicable
law for the provision of safe, adequate and proper service at just
and reasonable rates at and after the term of this ordinance. The
Company shall safeguard the public interest in continuous and uninterrupted
service within the Township.
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
ordinance, and this ordinance shall be construed as if such illegal
or unenforceable provision(s) had never been contained herein.
The 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. Following final passage
of this ordinance, the Township Clerk shall provide the Company with
written notice thereof by certified mail. As provided by applicable
law, this ordinance, and any subsequent amendments, shall not become
effective until acceptance thereof by the Company and approval thereof
by the Board of Public Utilities.