[HISTORY: Adopted by the Township Committee
of the Township of Plainsboro 12-13-1982 as Ord. No. 0-82-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided
that it "cancels and supersedes the prior consent ordinance enacted
on April 3, 1933, by the Township Committee of Plainsboro."
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 § A105-4 hereof, permission and consent is hereby granted to New Jersey Bell Telephone 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 Plainsboro 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 of Plainsboro, the municipality agrees to reserve unto New Jersey Bell Telephone 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
of Plainsboro: 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 New Jersey
Bell Telephone 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.
New Jersey Bell Telephone 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.
A.
Before proceeding with any new construction or relocation
work in an area covered by this ordinance, New Jersey Bell Telephone
Company shall give prior notice in writing thereof to the Township
of Plainsboro, 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 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.
B.
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 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 New Jersey Bell Telephone
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 of Plainsboro after an inspection
by its authorized representative upon completion of the work.
New Jersey Bell Telephone Company agrees to
indemnify and save harmless the Township of Plainsboro 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 Township
of Plainsboro, 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 of Plainsboro, 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
of Plainsboro, New Jersey Bell Telephone 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 of Plainsboro 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.
New Jersey Bell Telephone 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 clear duct of standard size, for the sole benefit of the Township
of Plainsboro, during the pendancy of this ordinance. Such space shall
be provided for the exclusive use of the Township of Plainsboro, which
use shall be limited to accommodating the wires or electrical conductors
required for one-way signal control in connection with this municipality's
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 municipality 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 of Plainsboro.
B.
It shall be the obligation of the Township of Plainsboro
to attach its wires to the poles or place its electric conductors
in the conduits or manholes of the company; provided, however, before
proceeding with said work, either by itself or by a person, firm or
corporation engaged to perform such work. the Township of Plainsboro
shall give the company 30 days' prior notice in writing. All such
work shall be performed under the supervision of said company. If
any or all of the streets or highways are later taken over by the
Board of Chosen Freeholders of the County of Middlesex or the State
of New Jersey, Department of Transportation, such Board of Chosen
Freeholders or the 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 of Plainsboro;
provided, however, that satisfactory prior arrangements as may be
necessary are made with the Township of Plainsboro and the company
for the full protection of the respective interest of each.
The Township of Plainsboro agrees to indemnify, save harmless and in the event of suit to defend New Jersey Bell Telephone Company from and against all losses, costs, damages, expense claims or demands arising out of or caused or alleged to have been caused in any manner by the Township of Plainsboro use or enjoyment of the company's plant or facilities provided under § A105-9 above, including all suits of every kind or description brought against the company, either individually or jointly with the Township of Plainsboro, or another, including those brought by employees of said municipality, for or on account of any damage or injury to any person, or 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 of Plainsboro or its employees, agents or representatives, which arise out of or are connected 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 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 the Township of Plainsboro.
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 of Plainsboro or any part thereof
may at any time hereafter be changed, annexed or merged, and the term
"Committee" or any other term herein used in referring to the governing
body of the Township of Plainsboro 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
New Jersey Bell Telephone Company, its predecessors, successors or
assigns within the Township of Plainsboro.
New Jersey Bell Telephone 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.
A.
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.
Throughout the full term of this ordinance, New Jersey
Bell Telephone Company for itself, its successors and assigns agrees
to maintain its property within the Township of Plainsboro in good
order and shall furnish safe, adequate and proper service within the
Township of Plainsboro at just and reasonable rates. At and after
expiration of the term of this ordinance, New Jersey Bell Telephone
Company shall safeguard the public interest in continuous and uninterrupted
service within the Township of Plainsboro.
C.
Following final passage of this ordinance, the Municipal
Clerk shall provide New Jersey Bell Telephone 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.
