[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat
Light 8-17-1990 by Ord. No. 90-40. Amendments
noted where applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch.
A226.
A. Pursuant to the provisions of N.J.S.A. 48:17-10, 48:17-11 and 48:17-12 and subject to the provisions of §
A250-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company (hereinafter referred to as the "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 Borough of Barnegat Light (hereinafter referred to as the "borough") for said company's local and through lines and other communications facilities in connection with the transaction of its business.
B. 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. In the event that any public street or way where the
company has facilities is vacated by the borough, 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 borough. 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. The company may bury its cables 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. Underground conduits and associated equipment, facilities,
cables, conductors and other appurtenances or process equipment shall be placed
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. Underground conduits shall
be placed at least 18 inches below the surface.
C. 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, cables, conductors and other appurtenances or
process equipment 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,
to the borough, 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 purpose 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 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 borough after an inspection by its authorized representative
upon completion of the work.
The company agrees to indemnify and save harmless the borough from and
against all costs or expenses 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 borough, except that if such loss, injury or damage shall
be caused by the joint or concurring negligence or fault of the company and
the borough, 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 borough, 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 borough 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.
A. 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 borough during the pendency of this ordinance. Such space shall
be provided for the exclusive use of the borough, 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 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 borough 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 borough. It shall be the obligation of the
borough 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 borough shall give the company 30 days' prior
notice in writing. All such work shall be performed under the supervision
of said company.
B. If any or all of said streets or highways are later taken
over by the Board of Chosen Freeholders of the County of Ocean 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 borough; provided, however, that satisfactory
prior arrangements as may be necessary are made with the borough and the company
for the full protection of the respective interest of each.
The borough agrees to indemnify, save harmless and, in the event of suit, to defend said company from and against all losses, costs, damages, expenses, claims or demands arising out of or caused or alleged to have been caused in any manner by the borough's use or enjoyment of the company's plant or facilities provided under §
A250-9, including all suits of every kind or description brought against the company, either individually or jointly with the borough, 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 borough or its employees, agents or representatives which arises out of 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 borough.
As used in this ordinance, the following terms shall have the meanings
indicated:
BOROUGH
Shall be held to apply to and include any form of municipality or
government into which the borough 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 borough.
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.
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.
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.