New Jersey-American Water Company, Inc., a New Jersey public
utility corporation (NJAW), is in the process of acquiring the water
and wastewater systems that are currently owned and operated by the
City of Salem. The City of Salem currently provides water service
to certain Mannington Township residents and property owners via existing
water lines in Mannington Township, some of which water lines have
been installed beneath the entire length of Mannington Mills Road
and a small portion of Old Kings Highway, both of which are municipal
streets owned, controlled, or otherwise regulated by Mannington Township.
NJAW has petitioned Mannington Township pursuant to N.J.S.A. 48:3-11
et seq., for use of these municipal streets in order to maintain the
existing water lines that are located beneath them. The Mannington
Township Committee determined that NJAW's petition should be
granted for these limited purposes.
Consent is hereby given to NJAW pursuant to N.J.S.A. 48:3-11 et seq., for use of the municipal streets or specified portions thereof as listed in §
140-3, below, in order to maintain the existing water lines that are located beneath them, without charge therefore (except fees for road opening permits which shall be paid by NJAW), as the same may be required in order to permit NJAW to own and operate the existing water service infrastructure and facilities within the streets or specified portions thereof, and more specifically, to maintain, repair and replace (but not add to or extend) and operate water service beneath the streets or specified portions thereof, as necessary to continue providing water service through the existing water lines. This shall include permission to replace pipes and to install valves, pumps, manholes and other necessary equipment beneath the streets or specified portions thereof without cost to Mannington Township. The consent granted herein shall include NJAW's right and obligation to construct, install, and maintain fire hydrants along the streets and specified portions thereof without cost to Mannington Township, except for monthly hydrant fees to be paid by Mannington Township to NJAW per NJAW's tariff, and is subject to and conditioned upon NJAW's ongoing obligation to construct, install, and maintain fire hydrants in their current locations along N.J.S.H. Route 45 without cost to Mannington Township, except for monthly hydrant fees to be paid by Mannington Township to NJAW per NJAW's tariff. This consent is also granted subject to and conditioned upon NJAW's compliance with all applicable laws of Mannington Township and the State of New Jersey, including, but not limited to, any and all applicable statutes and administrative agency rules and/or regulations.
As permitted by N.J.S.A. 48:3-15, the term of this consent shall
be 50 years, commencing on the effective date of this chapter, such
effective date being the later of 1) adoption and publication in accordance
with the laws of the State of New Jersey, and 2) filing of written
acceptance of this chapter by a duly authorized representative of
New Jersey-American Water Company, Inc., a New Jersey public utility
corporation, with the Mannington Township Clerk within 30 days after
receiving notice of the passage of this chapter (as required by N.J.S.A.
48:3-16).