[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 2-5-1991 as Ord. No. G-305-91. Amendments noted where applicable.]
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 § A391-4 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, wire, 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 Hillside (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.
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.
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 eighteen (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.
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 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.
Underground conduits and associated facilities as aforementioned shall be placed at least eighteen (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 ten (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, 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, roads, avenues, highways, and other public places and any pavement or other 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 thereof. 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 that 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 adoption of this ordinance, but not exceeding one (1) duct of standard size, for the sole benefit of the township during the pendancy 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 thirty (30) days' prior notice in writing. All such work shall be performed under the supervision of said company.
The township will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with the township's wires or their installation, maintenance, operation or removal or the township's use or enjoyment of the company's plant or facilities provided under this section.
If any or all of said streets or highways are later taken over by the Board of Chosen Freeholders of the County of Union 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.
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 "Township Committee" 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, repaired or operated by the company, its predecessors, successors or assigns within the township.
In the event that any one (1) or more provisions contained herein shall for any reason be illegal or unenforceable in any respect under applicable law, such illegality or unenforceability shall be severable from 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.
This ordinance shall continue in force and effect for a period of fifty (50) years from the time 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.
Throughout the full term of this ordinance, the company for itself, it successors and assigns shall maintain its property within the township in order and shall furnish safe, adequate and proper service within the township at just and reasonable rates. After expiration of the term of this ordinance, the company shall safeguard the public interest in continuous and uninterrupted service within the township.
New Jersey Bell Telephone Company shall pay expenses incurred for advertising required in connection with the adoption of this ordinance within thirty (30) days after the company has received a bill for said advertising from the public.
Following final adoption of this ordinance, the Township Clerk shall provide New Jersey Bell Telephone Company written notice thereof by certified mail. As provided by applicable law, this ordinance shall not become effective until acceptance thereof by New Jersey Bell Telephone Company and approval thereof by the State of New Jersey Board of Public Utilities.
This ordinance shall cancel and supersede all prior consent ordinances between the township and New Jersey Bell Telephone Company regarding the subject matter hereof.