[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia, 9-28-1964 by Ord. No. 617. Amendments noted where applicable.]
Permission and consent be and the same is hereby granted to New Jersey Bell Telephone Company, its successors and assignees, 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 Borough, 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 Borough, 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 back of and adjacent to the curblines, where shown by Official Maps of this Borough, and within 18 inches thereof and at the points or places now occupied by the poles or posts of said company, its successors and assignees and at other convenient points or places upon the streets, roads, avenues and highways, adjacent to such curblines.
Said company may construct, reconstruct, lay, 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, and said conduits generally shall not be constructed 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-sectional 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 erecting any pole or poles or of constructing underground conduits and cables, manholes and/or loading coil vaults under the permission and consent herein contained, said company shall file with the Mayor and Council of this Borough a map or plan showing the location and size of any such proposed pole or poles, underground conduits, subways, manholes and loading coil vaults, which map or plan shall be first approved by said Mayor and Council or its authorized representative.
Prior to the opening or excavating of any streets, roads, avenues and highways and parts thereof for the purpose of laying, maintaining and operating its underground systems after the approval of the map and plan as aforementioned, said company shall first obtain a permit for such opening or excavation upon payment of such reasonable fee therefor as may be required by any ordinance regulating openings and excavations of streets.
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. No highways shall be encumbered for a longer period 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 and the payment of a reasonable fee therefor.
Except as herein expressly provided for, said company shall be exempt from any fee which may be required by any ordinance regulating the openings and excavations of streets within said Borough.
Nothing herein contained shall be construed to impose any obligation on the part of this Borough 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 or where an established curbline shall be relocated in order to widen an existing street or highway, said company shall change the location of its poles at its own expense so that the same shall be back of and adjacent to the new curbline so established and within 18 inches thereof, upon receipt of notice from the Borough Clerk that the curbline has been so established.
Upon any of the streets, roads, avenues and highways in this Borough now or hereafter occupied by the poles or posts of said New Jersey Bell Telephone Company, its successors and assignees 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 Borough 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 Borough 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 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 assignees may then have or may thereafter, from time to time, place on its poles or in its main subways, and said Borough shall indemnify and save harmless said telephone company from all claims or suits for 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 Borough. 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 Borough 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 said streets or highways be later taken over by the Board of Chosen Freeholders of the County of Bergen or the New Jersey 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 Borough's use thereof for similar purposes, but only after making such satisfactory arrangements as may be necessary with the Borough 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 final passage thereof, provided that its provisions are accepted by the company as hereinafter provided in § A322-16, and throughout the full time of this ordinance said company, its successors and assignees, shall furnish safe, adequate and proper service within this Borough and keep and maintain its property and equipment in such condition as to enable it to do so.
Nothing herein contained shall be construed to grant unto said New Jersey Bell Telephone Company, its successors and assignees, 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 Borough.
As used in this ordinance, the following terms shall have the meanings indicated:
- In its application to the Borough of Leonia, shall be held to apply to and include any form of municipality or government into which this Borough or any part thereof may at any time hereafter be changed, annexed or merged.
- MAYOR AND COUNCIL (or any other term herein used in referring to the governing body of this Borough)
- 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 the poles, posts, wires, cables, underground conduits and subways, manholes, loading coil vaults, loading coils, fixtures and appurtenances heretofore erected, constructed, reconstructed, maintained and operated by New Jersey Bell Telephone Company or its predecessors.
Said company shall pay the expenses incurred 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 Borough Clerk of this Borough its written acceptance of this ordinance within 30 days after the date of receipt by it from the Borough Clerk of notice of passage, approval and publication thereof, as provided by law, and said ordinance shall, upon filing of such acceptance, become effective.