[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.
A.
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.
B.
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.
Shall apply to the actual or theoretical curbline or profile
grade line.
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.
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.
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.
A.
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.
B.
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.
