Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Kingwood as indicated in article histories. Amendments noted where applicable.]
Article I Bell Atlantic — New Jersey, Inc.

§ A165-1 Statutory authority; permitted acts.

§ A165-2 Location of poles and posts.

§ A165-3 Burying of equipment.

§ A165-4 Notice and permits required; restoration.

§ A165-5 Indemnification of township.

§ A165-6 Relocation of curblines and facilities.

§ A165-7 Joint use of poles, posts, etc.

§ A165-8 Township use of poles; notice and indemnification.

§ A165-9 Control of streets by county or state.

§ A165-10 Defined terms.

§ A165-11 Scope of consent; prior ordinances superseded.

§ A165-12 Maintenance of property.

§ A165-13 Severability; construal of provisions.

§ A165-14 Advertising expenses; notice; when effective.

§ A165-15 Term of consent.

§ A165-16 Severability.

§ A165-17 When effective.

Article II United Telephone Company of New Jersey, Inc.

§ A165-18 Permission granted.

§ A165-19 Location of poles and posts.

§ A165-20 Authorization to construct wires, cables, etc.

§ A165-21 Burying of equipment; filing of map or plan.

§ A165-22 Restoration of streets.

§ A165-23 Construal of provisions.

§ A165-24 Relocation of curblines and facilities.

§ A165-25 Joint use of poles or posts.

§ A165-26 Township use of poles; notice and indemnification; control of streets by county or state.

§ A165-27 Term of consent; maintenance of property.

§ A165-28 Provisions nonexclusive.

§ A165-29 Defined terms.

§ A165-30 Scope of consent.

§ A165-31 Advertising expenses.

§ A165-32 Written acceptance to be filed.

§ A165-33 Severability.

§ A165-34 When effective.

[Adopted 5-17-1999 by Ord. No. 10-7-99]

§ A165-1 Statutory authority; permitted acts.

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 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 Township of Kingwood (the "township") 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 township, the township agrees to reserve unto said company the rights granted the company by the present ordinance.

§ A165-2 Location of poles and posts.

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 township; the poles and posts, however, shall be located as far back as reasonably possible from the traveled portion of the roadway but within the public rights-of-way, or as may be mutually agreed by both parties, or at the points and places not 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 by the parties.

§ A165-3 Burying of equipment.

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.

§ A165-4 Notice and permits required; restoration.

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 township, 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 or better than 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.

§ A165-5 Indemnification of township.

The company agrees to indemnify and save harmless the township 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 township, except that if such injury or damage shall be caused by the joint or concurring negligence or fault of the company and the township, the same shall be borne by them to the extent of their respective fault or negligence.

§ A165-6 Relocation of curblines and facilities.

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 township, 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 township has acted in accordance with applicable law and with reasonable care in establishing the new curbline and providing notice thereof.

§ A165-7 Joint use of poles, posts, etc.

Any company or corporation having legal authority to place its facilities in the public streets and ways of the township may jointly use the company's poles, posts, pedestals or other structures for all lawful purposes, provided that the company consents to such use, which shall not be unreasonably withheld and shall be considered in a timely manner, on terms and conditions acceptable to the company and not inconsistent with the provisions of the present ordinance.

§ A165-8 Township use of poles; notice and indemnification.

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 township during the pendancy of this ordinance. Such space shall be provided for the exclusive use of the township, 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 township 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 township. It shall be the obligation of the township 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 township shall give the company 30 days prior notice in writing. All such work shall be performed under the supervision of said company. The township will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with township's wires or facilities or their installation, maintenance, operation or removal or the township's use or enjoyment of the company's plant or facilities provided under this section.

§ A165-9 Control of streets by county or state.

If any or all of the said streets or ways are later taken over by the County of Hunterdon 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 township; provided, however, that satisfactory prior arrangements as may be necessary are made with the township and the company for the full protection of the respective interest of each.

§ A165-10 Defined terms.

The term "township" as used in this ordinance shall be held to apply to and include any form of municipality or government into which the township or any part thereof may at any time hereafter be changed, annexed or merged.

§ A165-11 Scope of consent; prior ordinances superseded.

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, reconstructed, removed, located, relocated, replaced, maintained, repaired or operated by the company, its predecessors, successors or assigns within the township. This ordinance shall cancel and supersede all prior consent ordinances between the township and the company regarding the subject matter hereof.

§ A165-12 Maintenance of property.

The company shall maintain its property within the township 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 township.

§ A165-13 Severability; construal of provisions.

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.

§ A165-14 Advertising expenses; notice; when effective.

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 Township 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.

§ A165-15 Term of consent.

The term of this municipal consent shall be for a period of 10 years through April 16, 2009.

§ A165-16 Severability.

If any provision of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by any court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any such article, section, subsection, paragraph or clause and, to this end, the provisions of this ordinance are hereby declared to be severable.

§ A165-17 When effective.

This ordinance shall take effect upon final adoption and publication according to the Laws of the State of New Jersey.
[Adopted 12-20-1999 by Ord. No. 10-17-99]

§ A165-18 Permission granted.

Permission and consent be and the same is hereby granted to the company, its successors and assigns to erect, construct, reconstruct, lay, maintain and operate its underground conduits and subways, cables, poles, posts, wires, manholes, loading coil vaults, loading coils, including the necessary street openings and lateral connections to curb poles and property lines, and its other fixtures and appurtenances in, through, upon, along, over, under and across all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this township for its local and through lines and systems in connection with the transaction of its business, and all of the various streets, roads, avenues and highways and parts thereof, throughout their entire length, in this township, are hereby designated and prescribed for the uses and purposes of said company as aforementioned.

§ A165-19 Location of poles and posts.

All poles or posts hereafter to be erected, constructed, reconstructed, maintained and operated shall be located and placed back of and adjacent to the curblines where shown by Official Maps of this township and shall be located as far back as reasonably possible from the traveled portion of the roadway but within the public rights-of-way, or as may be mutually agreed by both parties, and at the points or places now occupied by the poles or posts of said company, its successors and assigns and at other convenient points or places upon the streets, roads, avenues and highways adjacent to such curblines.

§ A165-20 Authorization to construct wires, cables, etc.

Said company may construct, reconstruct, maintain and operate in its subways or underground conduits, manholes and loading coil vaults, the wires, cables, loading coils and other electrical conductors and appurtenances necessary in connection therewith for its local and through lines and systems; it may also erect, construct, reconstruct, maintain and operate the necessary distributing poles or posts, fixtures and supports and distribute therefrom upon, along, across, over and above the surface of said streets, roads, avenues and highways and parts thereof such wires, cables and other electrical conductors which it may find necessary to erect, construct, reconstruct, maintain and operate in connection with the system of subways, underground conduits and manholes aforementioned. With the exception of lateral branches to curb poles and property lines, said underground conduits shall be placed below the surface of said streets, roads, avenues and highways and parts thereof, and said conduits generally shall not be constructed more than 10 feet from the curblines unless obstructions make it necessary to deviate from such course, and all underground conduits shall be placed at least 18 inches below the surface of the street.

§ A165-21 Burying of equipment; filing of map or plan.

A. 
All manholes and loading coil vaults shall be located beneath the surface of said streets, roads, avenues and highways and parts thereof at such points along the line of the subways or underground conduits as may be necessary or convenient for placing, maintaining and operating the cables and other electrical conductors which said company may from time to time place in said subways or underground conduits, and shall be so constructed as to conform to the cross-sectional and longitudinal grade or the pavement and so as not to interfere with the safety or convenience of persons or vehicles traveling on or over such streets, roads, avenues and highways and parts thereof.
B. 
Before proceeding with the work of erecting any pole or poles or of constructing underground conduits and cables, subways, manholes and/or loading coil vaults under the permission and consent herein contained, said company shall file with the Township Committee of this township a map or plan showing the location and size of any such proposed pole or poles, underground conduits, subways, manholes and loading coil vaults, which map or plan shall be first approved by said Township Committee, or their authorized representative, before any such work is begun as aforesaid.

§ A165-22 Restoration of streets.

The surface of the streets, roads, avenues and highways and any pavement or flagging taken up by said company in building its lines shall be restored to as good condition as it was before the commencement of work thereon, and no highways shall be encumbered for a longer period than shall be necessary to execute the work.

§ A165-23 Construal of provisions.

Nothing herein contained shall be construed to impose any obligation on the part of this township to open any streets, roads, avenues or highways or parts thereof, not heretofore dedicated or opened to the public use, and nothing herein contained shall be construed in any court or place as an acceptance of any unaccepted street, road, avenue or highway or any part thereof.

§ A165-24 Relocation of curblines and facilities.

Wherever the curbline shall be established hereafter on streets where the same has not yet been established or where an established curbline shall be relocated in order to widen an existing street or highway, said company shall change the location of its poles at its expense so that the same shall be back of and adjacent to the new curbline so established and within 18 inches thereof upon receipt of notice from the Township Clerk that the curbline has been so established.

§ A165-25 Joint use of poles or posts.

Upon any of the streets, roads, avenues and highways in this township now or hereafter occupied by the poles or posts of said company, its successors and assigns, or any other companies or corporations having legal authority to erect and maintain poles or posts, said company and such other companies or corporations may use the same poles, provided they can agree so to do.

§ A165-26 Township use of poles; notice and indemnification; control of streets by county or state.

Said company shall provide free of charge to this township, as long as this ordinance continues in effect, space on its poles so long as said poles are occupied by said company for the placing by this township of one crossarm or, in lieu thereof, two pins on a crossarms of said company to be designated by it and space in its main subways (not exceeding one clear duct of standard size) to accommodate the wires or electrical conductors required for signal control in connection with its police patrol, fire alarm telegraph signal systems and traffic signal control systems, but not to include circuits for the supply of electrical energy for the traffic or other signals; provided, however, that such crossarms, wires or electrical conductors shall not be installed, used or maintained in such manner as to interfere with the crossarms, wires or electrical conductors which said company, its successors and assigns may then have or may thereafter from time to time place on its poles or in its main subways, and said township shall indemnify and save harmless said company from all claim or suits for damages arising from the attachment to its poles or the location in its main subways of any such crossarms, wires or electrical conductors used by this township. Before proceeding with the attachment of its said crossarms and/or wires to the poles or the placing of its said electrical conductors in the main subways or manholes of said company, either on the part of itself or on the part of a person, firm or corporation engaged to perform such work, this township shall give to said company 30 days' notice in writing in order that the work may be performed under the supervision of said company. If any or all of the said streets or highways be later taken over by the Board of Chosen Freeholders of the County of Hunterdon, or the State Highway Department, then such Board of Chosen Freeholders or the State Highway Department may use the same clear duct of standard size referred to for their respective police patrol, fire alarm telegraph and traffic signal control systems in conjunction with the township's use thereof for similar purposes, but only after making such satisfactory arrangements as may be necessary with the township and the company for the full protection of each other's interests.

§ A165-27 Term of consent; maintenance of property.

The permission and consent given and granted by this ordinance shall continue and be in force for a period of 10 years through December 1, 2009, and throughout the full time of this ordinance said company, its successors and assigns shall furnish safe, adequate and proper service within this township and keep and maintain its property and equipment in such condition as to enable it to do so.

§ A165-28 Provisions nonexclusive.

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 for like purposes on any of the streets, roads, avenues or highways of this township.

§ A165-29 Defined terms.

The term "township" as used in this ordinance in its application to the Township of Kingwood shall be held to apply to and include any form of municipality or government into which this township, or any part thereof, may at any time hereafter be changed, annexed or merged; and the term "Township Committee" or any other term herein used in referring to the governing body of this township shall be held to apply to and include the governing body of such other form of municipality.

§ A165-30 Scope of consent.

The permission and consent hereby granted shall apply to and cover the poles, posts, wires, cables, underground conduits and subways, manholes, fixtures and appurtenances heretofore erected, constructed, placed, maintained and renewed by said company or its predecessors, under and by virtue of any and all permissions and consents heretofore given by the said Township of Kingwood.

§ A165-31 Advertising expenses.

Said company shall pay the expenses it incurred for advertising done in connection with the passage of this ordinance within 30 days after the date of its going into effect.

§ A165-32 Written acceptance to be filed.

Said company shall file with the Township Clerk of this township its written acceptance of this ordinance within 30 days after the date of receipt by it from the Township Clerk of notice of the passage and approval thereof, and said ordinance shall, upon the filing of such acceptance, become effective, subject to approval by the Board of Public Utility Commissioners of the State of New Jersey.

§ A165-33 Severability.

If any provision of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by any court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any such article, section, subsection, paragraph or clause and, to this end, the provisions of this ordinance are hereby declared to be severable.

§ A165-34 When effective.

This ordinance shall take effect upon final adoption and publication according to the laws of the State of New Jersey.