[HISTORY: Adopted by the Township Council of the Township of West
Milford 8-7-1991 by Ord. No. 1991-45.
Amendments noted where applicable.]
A.Â
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 and subject to the provisions of § A525-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company (hereinafter referred to as "company"), its successors and assigns, to erect, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its communications facilities and other transmission or process equipment, including underground facilities such as conduits, manholes, cables, wires, and all other facilities appurtenant thereto, and aerial and aboveground 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 ways, sidewalks, streets, roads, avenues, 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 curb poles, property lines and other facilities in the Township of West Milford (hereinafter referred to as "Township") for said company's local and through lines and other communications facilities in connection with the transaction of its business.
B.Â
All of the public ways, including, by way of illustration
and not of limitation, the various sidewalks, streets, roads, avenues, highways,
bridges and waterways, and other public places, and parts thereof, throughout
their entire length located in this municipality are hereby designated and
prescribed for the uses and purposes of said company as aforementioned.
C.Â
In the event that any public street or way where the
company has facilities is vacated by the Township, the municipality agrees
to reserve unto said company the rights granted the company by the present
ordinance.
All poles, posts, pedestals, cabinets, or other facilities hereafter
to be erected, constructed, reconstructed, located, relocated, maintained,
repaired, or operated 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 at the points or places 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 ways, streets,
roads, avenues, highways, or other public places as may be mutually agreed
upon between the parties.
A.Â
The company may bury its local and through communications
faculties such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the various
public ways, sidewalks, streets, roads, avenues, highways, and other public
places and parts thereof, and at such locations as shall be mutually agreed
upon by the parties for said company's local and through lines and communications
facilities.
B.Â
Underground conduits and associated facilities, as aforementioned,
shall be placed at least 18 inches below the surface of said public ways,
sidewalks, streets, roads, avenues, highways, and other public places and
parts thereof, 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.
C.Â
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, including therewith a map or plan showing the location
and size of such facilities. Such maps or plans are for the information of
the municipality only and shall not be considered as construction specifications
upon which the municipality or any third party may rely for subsequent excavation
or other work. Prior to the opening or excavating of any public ways, sidewalks,
streets, roads, avenues, highways, or other public places, or parts thereof,
for the purposes of installing, maintaining, or operating its underground
systems as aforementioned, the company shall only be required to first obtain
such street opening or excavation permits and pay such reasonable fees therefor
as may be lawfully required to cover the cost of administration and inspection,
as provided by any ordinances regulating such openings or excavations. No
building permits or zoning variances shall be required for the facilities
covered by this ordinance.
The surface of the public ways, sidewalks, streets, avenues, highways,
and other public places, and any pavement or surface and/or planting disturbed
by the company in constructing its facilities, shall be restored to as good
condition as it was before the commencement of work thereon. No highways or
other public ways shall be encumbered for a period longer than shall be necessary
to execute the work. Such restoration shall be subject to the approval of
the Township after an inspection by its authorized representative upon completion
of the work.
The company agrees to indemnify and save harmless the Township from
and against all claims and liabilities resulting from any 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 road conditions resulting from
any negligent or faulty excavations, installation or maintenance connected
with the work or equipment of said company, or both, when not attributable
to the fault, failure or negligence 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 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 or highway in conjunction with road construction
being performed by the Township, the company shall change the location of
its aboveground facilities, covered by this ordinance, 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.
Any company or corporation having legal authority to erect and maintain
poles, posts, or pedestals upon any of the public ways, sidewalks, streets,
roads, avenues, highways, or other public places in 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.
A.Â
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, but not exceeding one duct of standard size, for the sole
benefit of the Township during the pendency 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, either 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 provide 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.
B.Â
If any or all of the said streets or highways are later
taken over by the Board of Chosen Freeholders of the County of Passaic or
the State of New Jersey, Department of Transportation, such Board of Chosen
Freeholders or Department of Transportation shall have such rights and privileges
and be subject to the same terms, conditions and limitations of use as herein
granted by this ordinance 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 Township agrees to indemnify, save harmless and in the event of suit to defend said company from and against all claims and liabilities for damages arising out of or caused or alleged to have been caused in any manner by the Township's use or enjoyment of the company's plant or facilities provided under § A525-9, including all suits of every kind or description brought against the company, either individually or jointly with the Township, or another, including those brought by employees of said municipality, for or on account of any damage or injury to any persons or property caused or occasioned or alleged to have been caused by or on account of the acts, omissions, fault or willful conduct of the Township or its employees, agents or representatives or in connection with the installation, maintenance, removal or use of any wires, cables, electrical conductors or other equipment or facilities attached to or located in said company's plant or facilities.
Nothing herein contained shall be construed to grant unto said company,
its successors and assigns an exclusive right or to prevent the granting of
permission and consent to other companies for like purposes on any of the
streets, roads, avenues or highways of the Township.
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,
and the term "Mayor and Council" or any other term herein used in referring
to the governing body of the Township shall be held to apply to and include
the governing body of such other form of municipality.
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,
or operated by the company, its predecessors, successors, or assigns within
the Township.
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 such advertising
from the publisher.
In the event that any one or more of the provisions contained herein
shall for any reason be illegal or unenforceable in any respect under applicable
law, such illegality or unenforceability shall not affect any other provisions
of this ordinance, and this ordinance shall then be construed as if such illegal
or unenforceable provision(s) had never been contained herein.
A.Â
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 it may deem necessary
and reasonable from time to time prior to the expiration of said period.
B.Â
Throughout the full term of this ordinance, the company
for itself, its successors and assigns agrees to maintain its property within
the Township in good order and shall furnish safe, adequate and proper service
within the Township at just and reasonable rates. At and after expiration
of the term of this ordinance, the company shall safeguard the public interest
in continuous and uninterrupted service within the Township.
C.Â
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 shall not become effective until
acceptance thereof by the company and approval thereof by the Board of Public
Utilities.
D.Â
This ordinance shall cancel and supersede all prior consent
ordinances between the Township and the company regarding the subject matter
hereof.
