[HISTORY: Adopted by the Township Committee of the Township of Franklin 4-29-1985
as Ord. No. 85-2. Amendments noted where applicable.]
The Mayor and Township Committee deem it in the best interest of the
health, welfare and well-being of the residents of the Township of Franklin
to grant a limited franchise for the supplying of water by New Jersey Water
Company, pursuant to N.J.S.A. 48:19-13 et seq., and any and all other applicable
statutes.
The Township of Franklin further grants its permission and consent to
New Jersey Water Company to install, lay and construct said water pipes, water
mains and other necessary apparatus, to include fire hydrants, water valves
and water meters, and to provide openings and means of access to the residents
of the Township of Franklin in and along all public streets, roads and places
within said limited franchise area.
The New Jersey Water Company shall be authorized and empowered to extend its waterlines and mains under the provisions of § A161-2 hereinabove set forth into the Township of Franklin on the easterly boundary of said Township and westerly throughout to a point or points in a line created by the extension and northerly direction of the center line of Whites Road at its intersection with the northerly right-of-way line of State Highway Route 57, extensions of which lines in a northerly/southerly direction shall extend to the northerly and southerly boundaries of said Township, thereby creating a limited franchise area between the easterly boundary of the Township of said line as it is extended from White Road only.
The New Jersey Water Company shall be authorized and empowered to extend its waterlines and mains under the provisions of § A161-2 hereinabove set forth in and to the Township of Franklin from the Borough of Washington, subject to the approval, permission and consent of the Township of Washington, for the purpose of supplying water for residential, commercial and industrial use to the residents of the Township of Franklin and for public fire protection as required and contracted for, subject to the approval of the Board of Public Utilities pursuant to N.J.S.A. 48:2-14.
Said water pipes and water mains shall be laid at least three feet below
the surface of the public streets, roads and places in each case, and said
water pipes and water mains shall be laid so that they shall not in any way
unnecessarily obstruct or interfere with the public travel or damage public
or private property, and said streets, roads and places, after the laying
of said water pipes and water mains, shall be restored to as good condition
as they were in when the same were excavated for the purposes as aforesaid.
The extension and installation of said water pipes, mains and other
necessary apparatus and facilities of the aforesaid company shall be installed
only after plans for construction, indicating width, location and depth of
said pipes and other facilities, are submitted for review and comment by the
Franklin Township Engineer. Said plans shall include the location of such
facilities by reference to existing street right-of-way lines, diameter of
pipes, mains and specification of other facilities to be installed, together
with the location of any connections to private property by reference to property
lines of said adjoining property owners. The construction, installation and
maintenance of said water supply system shall be the responsibility of New
Jersey Water Company, and the installation of the same shall not interfere
with the use of any roads more than necessary to permit said installation,
and any digging for repairs, by way of maintenance, shall comply with the
Franklin Township Street Opening Ordinance[1] as to provisions thereof, with the bonding provisions at their
sole cost and expense.
A.
The New Jersey Water Company shall accept this ordinance
and the provisions thereof in writing within 30 days after the second reading
and final passage and being duly published according to law.
B.
The expense of the publication of the within ordinance
is to be paid for under the within petition by New Jersey Water Company.
This ordinance shall take effect immediately upon second reading and
final passage and publication according to law, as well as being further subject
to approval by the Board of Public Utilities of the State of New Jersey as
required by N.J.S.A. 48:2-14.
[Added 3-11-1991 by Ord. No. 91-2]
The Township of Franklin, having previously deemed it in the best interest of the health, welfare and well-being of the residents of the Township of Franklin to grant a limited nonexclusive franchise for the supplying of water by New Jersey Water Company, now New Jersey-American Water Company, pursuant to N.J.S.A. 48:19-20 and 48:19-17 et seq., the Mayor and Township Committee now further deem it in the best interests of the health, welfare and well-being of the residents of the Township of Franklin to grant an expansion of said limited nonexclusive franchise, together with the necessary consents to the New Jersey-American Water Company, and hereby provide for a new code Article II in Chapter A161.
The Township of Franklin, in the County of Warren, previously granted
its permission and consent for a franchise to New Jersey Water Company, and
New Jersey-American Water Company, to install, lay and construct said water
pipes, water mains and other necessary apparatus to include fire hydrants,
water valves and water meters and to provide openings and means of access
to the residents of residential, commercial and industrial properties of and
within the Township of Franklin and along all public streets, roads and places
within the limit in the nonexclusive franchise area and hereby grants an expansion
of said franchise and the necessary consent therefor for the nonexclusive
franchise as herein provided.
New Jersey-American Water Company is hereby authorized and empowered to extend its water lines and mains, together with fire hydrants, water valves, water meters and required openings under the provisions of § A161-10 herein set forth, within and throughout the boundaries and limits of the Township of Franklin, in the County of Warren, thereby expanding the franchise area from that previously granted. The franchise area as herein granted, being a nonexclusive franchise, is expressly provided that if in the event New Jersey-American Water Company cannot provide water service as needed in that portion of the Township, being the southwest sector thereof near the area of Bloomsbury off the Bloomsbury-Asbury Road, the Township deems it in its best interest that the Township may negotiate for a limited nonexclusive franchise with Garden State Water Company, its successors and assigns, or any other available water company for service in that area.
New Jersey-American Water Company shall be authorized and empowered to extend its waterlines and mains under the provisions of § A161-10 hereinabove set forth within the territorial limits of the Township of Franklin, in the County of Warren, for the purpose of supplying water for residential, commercial and industrial uses to the residents and occupants of properties in the Township of Franklin, in the County of Warren, and for public fire protection as required and contracted for, subject to the approval of the Board of Public Utilities of the State of New Jersey pursuant to N.J.S.A. 48:2-14 and 48:19-20.
Said water pipes and mains shall be laid at least three feet below the
surface of the public streets, roads and places in each case, and said water
pipes and water mains shall be laid so that they shall not in any way obstruct
or interfere with the public travel or damage public or unnecessary private
property, and said streets, roads and places, after the laying of said water
pipes and water mains, shall be restored to as good condition as they were
in when the same were excavated for the purposes as aforesaid.
The extension and installation of said water pipes, mains and other necessary apparatus and facilities of the aforesaid company shall be installed only after plans for construction, indicating width, location and depth of said pipes and other facilities, are submitted for review and comment by the Franklin Township Engineer. Said plans shall include the location of such facilities by reference to existing right-of-way lines, diameter of pipes, mains and specification to other facilities to be installed, together with the location of any connections to private property by reference to property lines of said adjoining property owners. The Township Engineer shall have the right to designate the location, place and manner in which the pipes or mains shall be laid in the public streets, roads, highways or public places within the Township. The construction, installation and maintenance of said water supply system shall be the responsibility of New Jersey Water Company, and the installation of the same shall not interfere with the use of any roads more than necessary to permit said installation, and any digging for repairs, by way of maintenance, shall comply with Chapter 120 of the Code of Franklin Township as to street openings, and the provisions thereof, including the bonding provisions, shall be at their sole cost and expense.
The grant of approval for a franchise to extend water service by New
Jersey-American Water Company throughout the Township per the terms hereof
as well as the existing nonexclusive franchise shall not require that the
residents of the Township hookup to any public system in the street fronting
on their premises under mandatory basis, but shall be solely at the election
of the lot owners. This provision shall take precedence over any other ordinance
or regulation of the Township of Franklin in the County of Warren in the State
of New Jersey.
The within ordinance, upon final passage and being duly published, providing
for the consent and extension of the nonexclusive franchise contained therein
shall be subject to New Jersey-American Water Company otherwise complying
with all applicable Franklin Township ordinances and all statutes of the State
of New Jersey and all New Jersey Administrative Rules and Regulations of the
New Jersey Board of Public Utilities as may be applicable.
Certified copies of the within ordinance, upon final passage and being
duly published according to law, shall be sent to New Jersey-American Water
Company and the Board of Public Utilities of the State of New Jersey.
The nonexclusive franchise and consent granted herein shall be subject
to New Jersey-American Water Company's compliance with all applicable
state statutes and New Jersey State Administrative Rules and Regulations of
the Board of Public Utilities and all applicable code provisions of the Township
of Franklin.
To the extent that any part or parts of the within Code Article are
repealed or otherwise modified or voided by state statute, case law or New
Jersey Rules and Regulations, the remaining sections of this ordinance shall
remain in full force and effect.
The within ordinance shall take effect upon second reading and final
passage, being duly published according to law and upon obtaining approval
by the Board of Public Utilities of the State of New Jersey as required by
N.J.S.A. 48:2-14 and 48:19-20.
