[HISTORY: Adopted by the Township Committee of the Township of Boonton 11-8-39 as Ord. No. 33. Amendments noted where applicable.]
That permission and consent be and the same is hereby granted to New Jersey Bell Telephone Company, its successors and assigns to erect, construct, reconstruct, lay, maintain and operate its underground conduits and subways, cables, poles, posts, wires, manholes, loading-coil vaults, loading coils, including the necessary street openings and lateral connections to curb poles and property lines, and its other fixtures and appurtenances, in, through, upon, along, over, under and across all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this Township, for its local and through lines and systems, in connection with the transaction of its business, and all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this Township, are hereby designated and prescribed for the uses and purposes of said company as aforementioned.
All poles or posts hereafter to be erected, constructed, reconstructed, maintained and operated shall be located and placed within and adjacent to the curblines where shown by official maps of this Township and within 18 inches thereof and at the points or places now occupied by the poles or posts of said company, its successors and assigns and at other convenient points or places upon the streets, roads, avenues and highways adjacent to such curblines.
Before proceeding with the erection of any poles, said company shall give to the Township Committee of this Township written notice of its intention to perform such work.
Said company may construct, reconstruct, maintain and operate in its subways or underground conduits, manholes and loading-coil vaults the wires, cables, loading coils and other electrical conductors and appurtenances necessary in connection therewith for its local and through lines and systems; it may also erect, construct, reconstruct, maintain and operate the necessary distributing poles or posts, fixtures and supports and distribute therefrom upon, along, across, over and above the surface of said streets, roads, avenues and highways and parts thereof such wires, cables and other electrical conductors which it may find necessary to erect, construct, reconstruct, maintain and operate in connection with the system of subways, underground conduits and manholes aforementioned. With the exception of lateral branches to curb poles and property lines, said underground conduits shall be placed below the surface of said streets, roads, avenues and highways and parts thereof not less than five nor more than 10 feet from the curbline unless obstructions make, it necessary to deviate from such course, and all underground conduits shall be placed at least 18 inches below the surface of the street.
All manholes and loading-coil vaults shall be located beneath the surface of said streets, roads, avenues and highways and parts thereof at such points along the line of the subways or underground conduits as may be necessary or convenient for placing, maintaining and operating the cables and other electrical conductors which said company may from time to time place in said subways or underground conduits and shall be so constructed as to conform to the cross section and longitudinal grade of the pavement and so as not to interfere with the safety or convenience of persons or vehicles traveling on or over such streets, roads, avenues and highways and parts thereof.
Before proceeding with the work of constructing underground conduits, subways, manholes and/or loading-coil vaults under the permission and consent herein contained, said company shall file with the Township Committee of this Township a map or plan showing the location and size of any such proposed underground conduits, subways, manholes and loading-coil vaults, which map or plan shall be first approved by said Township Committee before any such work is begun as afore-said.
The surface of the streets, roads, avenues and highways and any pavement or flagging taken up by said company in building its lines shall be restored to as good condition as it was before the commencement of work thereon, and no highways shall be encumbered for a longer period than shall be necessary to execute the work.
Nothing herein contained shall be construed to impose any obligation on the part of this Township to open any streets, roads, avenues or highways or parts thereof not heretofore dedicated or opened to the public use, and nothing herein contained shall be construed in any court or place as an acceptance of any unaccepted street, road, avenue or highway or any part thereof.
Wherever the curbline shall be established hereafter on streets where the same has not yet been established, said company shall change the location of its poles so that the same shall be within and adjacent to the new curbline so established and within 18 inches thereof upon receipt of notice from the Township Clerk that the curbline has been so established.
Upon any of the streets, roads, avenues and highways in this Township now or which may be occupied by the poles or posts of said New Jersey Bell Telephone Company, its successors and assigns or any other companies or corporations having legal authority to erect and maintain poles or posts, said New Jersey Bell Telephone Company and such other companies or corporations may use the same poles, provided that they can agree so to do.
Said telephone company shall provide free of charge to this Township, as long as this ordinance continues in effect, space on its poles, so long as said poles are occupied by said company, for the placing by this Township of one crossarm or, in lieu thereof, two pins on a crossarm of said company to be designated by it, and space in its main subways [not exceeding in the latter one clear duct of standard size] to accommodate the wires or electrical conductors required for signal control in connection with its police patrol, fire alarm telegraph signal systems and traffic signal control systems, but not to include circuits for the supply of electrical energy for the traffic or other signals; provided, however, that such crossarms, wires or electrical conductors shall not be installed, used or maintained in such manner as to interfere with the crossarms, wires or electrical conductors which said company, its successors and assigns may then have or may thereafter from time to time place on its poles or in its main subways, nor shall said company be held liable for any damages arising from the attachment to its poles or the location in its main subways of any such crossarms, wires or electrical conductors used by this Township. Before proceeding with the attachment of its said crossarms and/or wires to the poles or the placing of its said electrical conductors in the main subways or manholes of said company, either on the part of itself or on the part of a person, firm or corporation engaged to perform such work, this Township shall give to said company 30 days' notice in writing in order that the work may be performed under the supervision of said company. If any or all of the said streets or highways be later taken over by the Board of Chosen Freeholders of the County of Morris or the State Highway Department, then such Board of Chosen Freeholders or the State Highway Department may use the same clear duct of standard size referred to for their respective police patrol, fire alarm telegraph and traffic signal control systems in conjunction with the Township's use thereof for similar purposes, but only after making such satisfactory arrangements as may be necessary with the Township and the telephone company for the full protection of each other's interests.
The permission and consent given and granted by this ordinance shall continue and be in force for a period of 50 years from the date of the approval thereof, and throughout the full time of this ordinance, or of any renewal thereof, said company, its successors and assigns shall furnish safe, adequate and proper service within this Township and keep and maintain its property and equipment in such condition as to enable it to do so.
It is expressly understood and agreed to by the telephone company that it will, at its own cost and expense, upon reasonable written advice from the Township, relay, reconstruct and maintain its underground conduits, subways, manholes and/or loading-coil vaults in the event that such relaying or reconstruction becomes necessary by reason of the change in the grade of an established highway in the Township in which said telephone company's underground conduits, subways, manholes and/or loading-coil vaults exist.
Nothing herein contained shall be construed to grant unto said New Jersey Bell Telephone 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 this Township.
As used in this ordinance, the following terms shall have the meanings indicated:
- Applies to and includes any form of municipality or government into which this Township or any part thereof may at any time hereafter be changed, annexed or merged.
- TOWNSHIP COMMITTEE (or any other term herein used in referring to the governing body of this township)
- Applies to and includes the governing body of such other form of municipality.
Said company shall pay the expenses incurred by this Township for advertising done in connection with the passage of this ordinance within 30 days after the date of its going into effect.
Said company shall file with the Township Clerk of this Township its written acceptance of this ordinance within 30 days after the date of receipt by it from the Township Clerk of notice of the passage and approval thereof, and said ordinance shall, upon the filing of such acceptance, become effective.