[HISTORY: Adopted by the Board of Health of the Township of Mansfield 8-28-2003 by Ord. No. 2002-13. Amendments noted where applicable.]
The Mayor and Committee of the Township of Mansfield, Warren County, New Jersey, hereby grant to the company, its successors and assigns, in perpetuity, subject, nevertheless, to termination provisions provided herein, the municipal consent required under the provisions of NJ.S.A. 48:19-17 and 48:19-20, as amended, without charge therefor, as the same may be required in order to permit the said company to add to, extend, operate and maintain said water facilities on public property located in the Township throughout the designated franchise area of the Township set forth more particularly on Schedule A attached hereto. The privilege granted herein shall include the construction, installation and maintenance of hydrants on and along the Township's roads, streets and places at locations as the Township shall designate from time to time. The Township hereby agrees to pay to the company the filed tariff rates for public fire protection service rendered through said hydrants.
All water service facilities hereafter to be erected, constructed, reconstructed, located, maintained, repaired, or operated shall be located at convenient points or places in, upon, along, adjacent or across the public ways as may be mutually agreed upon between the parties.
Water service facilities shall be placed below the surface of said public ways and parts thereof, and shall generally not be constructed more than 10 feet from the curb lines, with the exception of lateral pipes, which can connect various properties thereto, unless obstructions make it necessary to deviate from such course or unless the parties mutually agree to another location. Underground mains and piping shall be placed at least four feet below the surface.
Nothing contained in this section or in this ordinance is to be construed as relieving the company from effecting compliance with applicable provisions of the Zoning Ordinance of the Township of Mansfield relative to the construction of buildings or the creation of structures not within the public ways of the Township. Nothing herein shall be construed to limit or circumscribe the operative effect of applicable provisions of the New Jersey State Uniform Construction Code or any other state or municipal regulations. No building permits or zoning variances shall be required for the company's water service facilities which are to be located in the public right-of-way.
In the event that at any time during the terms of this ordinance the Township of Mansfield shall lawfully elect to alter, or change the grade of any public way within the franchise area, the company, upon reasonable notice by the Township of Mansfield, shall, when necessary for the completion of the change of grade or other municipal construction projects, remove and relocate its water supply facilities and related appurtenances are required by reasonable construction practice, the cost of which shall be borne by the Township of Mansfield.
In the event of vacation of any public way within the franchise area by the Township of Mansfield, the municipality agrees to reserve unto the company the rights granted the company by the present ordinance; provided, however, that the Township of Mansfield shall not be obligated to reserve any rights concerning vacated streets in the event no company facilities exist at the time such vacation.
Following final passage of this ordinance and acceptance thereof by the company, the permission and consent granted herein shall continue and be in full force and effect in perpetuity, subject to the terms hereof, from the date of its approval by the New Jersey Board of Public Utilities as required by law, subject to the right of the company or the Township to seek such changes herein as it may deem necessary and reasonable, from time to time.
The company for itself, its successors, and assigns, agrees to maintain the property within the Township of Mansfield in good order throughout the term of this ordinance; and subject to regulation by the New Jersey Board of Public Utilities as to the provision of safe, adequate and proper service within the Township of Mansfield, the company shall furnish service at rates regulated by the New Jersey Board of Public Utilities.
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 to offer similar services in other franchise areas of the Township of Mansfield.
The following terms as used in this ordinance shall be held to have the following meanings:
- Shall apply to and include the New Jersey American Water Company and any of its successors or assigns.
- CURB LINE
- Shall apply to the actual or theoretical curbline or profile grade line.
- PUBLIC WAYS
- Shall apply to and include public roads, streets, sidewalks. avenues, highways and bridges, which are owned and actively utilized by either the Township of Mansfield, County of Warren or State of New Jersey within the boundaries of the Township of Mansfield, including the entire right-of-way of said public way.
- Shall apply to and include any form or municipality or government into which the Township of Mansfield or any part thereof or which may at any time hereafter be changed, annexed, or merged.
- TOWNSHIP COMMITTEE
- Or any term herein used referring to the governing body of the Township of Mansfield shall be held to apply to and include the governing body of such other form or municipality.
- WATER SERVICE FACILITIES
- Shall apply to and include transmission and distribution mains of various sizes including valves, services, fire hydrants and appurtenances. Service lines shall not include production, treatment, storage or maintenance facilities and individual or bulk metering pits.
The permission and consent hereby granted shall apply to and cover all water service facilities of the company existing at any time and appurtenances heretofore or hereafter installed, constructed, reconstructed, removed, located, relocated, replaced, maintained, repaired or operated by the company, its predecessors, successors, or assigns within the Township of Mansfield.
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 35 days after the company has received a bill for said advertising from the publisher.
Upon passage of this ordinance in accordance with law, the Municipal Clerk shall provide the company with written notice thereof by certified mail. Said company shall file with the municipal clerk its written acceptance of said ordinance within 30 days after acceptance of said notice.
Upon acceptance by the company, a certified copy of this ordinance, upon final passage, shall be sent by the company, the New Jersey Department of Environmental Protection and the Board of Public Utilities of the State of New Jersey.
The consent granted herein shall be subject to the company complying with the applicable Township ordinances, State of New Jersey statutes and any New Jersey administrative agency's rules and regulations which apply to the subject matter of this ordinance. The Mayor and the Clerk of the Township are hereby authorized to execute the documents and agreements necessary to effectuate this municipal consent and to protect the rights of the public involved.
The consent granted herein shall be subject to the company complying with the applicable Township ordinances, State of New Jersey statutes and any New Jersey administrative agency's rules and regulations which apply to the subject matter of this ordinance and the completion of the purchase of the Anderson Water System from the Township of Mansfield. The Mayor and the Clerk of the Township are hereby authorized to execute the documents and agreements necessary to effectuate this municipal consent and to protect the rights of the public involved.
If a section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions hereof.
This ordinance shall take effect upon publication as provided by law.
Nothing in this ordinance shall modify or amend any prior municipal consent relating to New Jersey American Water Company, Inc., other than the designation of the franchise area as set forth on the detailed map attached hereto.