[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 5-27-1997
by Ord. No. 11-97. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Ch. 65.
Pursuant to the provisions of N.J.S.A. 46:17-10, 46:17-11 and 46:17-12,
and subject to the terms and conditions hereof, permission and consent is
hereby granted to Bell Atlantic — 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 Maywood (the borough) for said company's
local and through lines and other communications facilities in connection
with the transaction of its business.
A.
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 directed or
approved by the borough 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 directed or approved by the borough. Nothing herein shall preclude
the Borough of Maywood from requiring by ordinance or resolution the relocation,
removal, shielding or redesign of all poles, posts, pedestals, cabinets or
other facilities, at the sole expense of the company, whenever the borough
deletes that the public's health, safety or welfare so requires.
B.
The company may bury its local and through communications
facilities such as cables, conduits, 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 directed or approved
by the borough 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 and unless directed or approved by the borough. 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, subject to the approval of the borough, 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. The company shall bury its local and through
communications, at the sole expense of the company, when directed by the borough
to do so either as part of a redevelopment project or with the Pleasant Avenue
Business District.
Before proceeding with any new construction or relocation work in an
area covered by this ordinance, the company shall give not less than 72 hours
(except for emergency repairs) 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 shall comply
with all ordinances or regulations governing excavation, sidewalk and curb
construction, street openings and street pavement and, whenever required by
such ordinance or regulation, shall obtain a permit therefor and pay any fees
or costs in connection therewith. All such work shall be subject to inspection
and approval by the borough. To the extent that such work requires the closing
of a street or the direction of traffic, the company shall pay the borough
for the cost of providing public works or police personnel to close such street
and direct traffic.
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.
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, upon notice thereof from 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 at the sole expense of the company.
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
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,
subject to the approval of the borough.
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 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 section.
If any or all of the said streets or ways are later taken over by the
County of Bergen or 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.
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 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.
Notwithstanding any provision of law to the contrary, the company consents
to pay for the cost of any relocation work required in connection with any
redevelopment projects, including street vacations in connection therewith,
undertaken by the borough.
The company shall provide the borough with not less than 72 hours prior
notice, in writing, before trimming any shade trees within the borough. Any
such trimming shall be subject to the approval of the Borough of Maywood and
shall be limited to such trimming as is required to safety maintain the telephone
lines. In the event that it shall be necessary to remove such tree or in the
event such tree shall become so damaged or denuded so as to require replacement,
in the sole determination of the borough, the company shall pay the borough
for the removal and replacement of such tree.
The permission and consent given and granted by this ordinance shall
continue and be in force for a period of 20 years from the date of approval
thereof, but in no event beyond August 19, 2017.
In the event that any sentence, section, clause or other provision of
this ordinance shall for any reason be finally adjudged by a court of competent
jurisdiction to be invalid, such judgment shall render the within ordinance
null and void, unless within 120 days following such final judgment the Borough
of Maywood adopts a consent ordinance accepted by the company and approved
by the Board of Public Utilities Commissioners.
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.
