[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 5-3-2006
by Ord. No. 10-2006. 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, permission and consent is hereby granted to Verizon
New Jersey Inc., (the "company"), its successors and assigns, to install,
operate, inspect, maintain, repair, replace and remove 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 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 streets and ways, which
include the roads, avenues, rights-of-way, sidewalks, 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 Hopatcong (the
"Borough") for said company's local and through lines and other communications
facilities in connection with the transaction of its business. In the event
that any public street or way where the company has facilities is vacated
by the Borough, the Borough agrees to reserve unto said company the rights
granted the company by the present ordinance.
All poles, posts, pedestals, cabinets, or other facilities 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 streets and ways 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
streets and ways 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 18 inches below the surface of said public streets
and ways 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.
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 Borough, through its designated representative, of its intention
to perform such work. The company shall obtain such street opening or excavation
permits as may be lawfully required by any applicable ordinances regulating
such openings or excavations. Any such area affected by the company in constructing
its facilities shall be restored to as good condition as it was before the
commencement of work thereon. No public streets or ways shall be encumbered
for a period longer than shall be reasonable to execute the work.
The company agrees to indemnify and save harmless the Borough from and
against all claims and liabilities resulting from any 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,
and not attributable to the fault or negligence of the Borough, except that
if such injury or damage shall be caused by the joint or concurring negligence
of 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 in conjunction with road construction being performed
by the Borough, the company shall change the location of its aboveground facilities
covered by this ordinance in accordance with applicable law, so that the same
shall be back of, and adjacent to, the new curbline so long as the Borough
has acted in accordance with applicable law and with reasonable care in establishing
the new curbline and providing notice thereof.
Any company or corporation having legal authority to place its facilities
in the public streets and ways of the Borough may jointly use the company's
poles, posts, pedestals or other structures for all lawful purposes, provided
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 passage of this ordinance, but not exceeding one duct of standard size, for the sole benefit of the Borough during the pendancy 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 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 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. The Borough will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with the Borough's wires or facilities or their installation, maintenance, operation or removal, or the Borough's use or enjoyment of the company's plant or facilities provided under this §
A294-8.
If any or all of the said streets or ways are later taken over by the
County of Sussex of the State of New Jersey, such county or state shall have
such rights and privileges and be subject to the same terms, conditions and
limitations of use as apply herein 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 term "Borough" as used in this ordinance, 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. This ordinance shall cancel and supersede all prior consent
ordinances between the Borough and the company regarding the subject matter
hereof.
The company shall maintain its property within the Borough and shall
comply with applicable law for the provision of safe, adequate and proper
service at just and reasonable rates, and safeguard the public interest in
continuous and uninterrupted service within the Borough.
In the event that any provision herein shall for any reason be illegal
or unenforceable under applicable law, such illegality or unenforceability
shall not affect any other provisions of this ordinance, and this ordinance
shall be construed as if such illegal or unenforceable provision(s) had never
been contained herein.
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. Following final passage of this ordinance, the Borough
Clerk shall provide the company with written notice thereof by certified mail.
As provided by applicable law, this ordinance and any subsequent amendments
shall not become effective until acceptance thereof by the company and approval
thereof by the Board of Public Utility Commissioners.