[HISTORY: Adopted by the Borough Council of the Borough of Hampton 10-10-2005 by Ord. No. 12-05. Amendments noted where applicable.]
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, nonexclusive permission and consent is hereby granted to United Telephone of New Jersey, Inc. (company), its successors and assigns, to erect, construct and maintain the necessary poles, wires/cables, conduits, or other fixtures in, upon, along, over or under any public street, road, or highway, and parts thereof, throughout their entire length, and to effect the necessary street openings subject to Borough ordinance and lateral connections to curb poles, property lines and other facilities in the Borough of Hampton (the Borough) for said company's local and through lines in connection with the transaction of its business. This ordinance does not authorize placement of wireless telecommunications or cable television facilities within the Borough's rights-of-way. This ordinance also does not authorize the company to construct switching stations in the Borough's rights-of-way without separate permission.
All poles and aboveground facilities hereafter located within the rights-of-way shall be placed back of the curblines where shown on the official map(s) of the Borough or other filed maps, surveys or approved site plans that are necessary to establish the location of road rights-of-way. Said facilities shall be located in accordance with applicable standards, including, but not limited to, Borough ordinances, Residential Site Improvement Standards, and NJDOT standards, or at the points or places now occupied by the poles or other facilities of company, or at such other convenient points or places in, upon, along, adjacent, or across the public streets and ways as may be mutually agreed upon between Borough and the company. Facilities to service all new residential subdivisions will be constructed underground unless the property owner obtains the Borough's permission otherwise. The company's facilities shall be placed so as not to interfere with the safety and convenience of persons or vehicles traveling on any road, street or highway. The Borough owns, controls and maintains the public rights-of-way and shall provide and enforce reasonable standards governing the placement and relocation of utility facilitates for the public safety and welfare.
The company may bury its facilities 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. Underground conduits and associated facilities 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 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.
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 continue to keep in effect a permit bond in the amount of $5,000 as a performance guarantee for restoration of disturbed areas. For projects where the estimated cost of restoration exceeds $5,000, the Borough may request a supplemental bond for the difference.
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 conditions resulting from any negligent or faulty excavation, installation or maintenance connected with its work or equipment. The provisions of this section shall not be interpreted to relieve the Borough from liability to the company or third parties in the event of joint or concurring negligence or fault of the company and the Borough; provided, however, that the legal liability of the Borough, if any, shall be determined under applicable law, taking into account the privileges and immunities afforded a governmental entity.
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 change the width or realign an existing street in conjunction with road construction being performed by the Borough, the company shall change the location of its aboveground and below-ground facilities covered by this ordinance, so that the same shall be a safe distance back of, and adjacent to, the new curbline so long as the Borough has acted in accordance with applicable law and with reasonable care in establishing the new curbline and providing notice thereof. The company shall bear the costs so long as the relocation is not for aesthetic purposes.
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, conduits or other fixtures 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 this ordinances, and that said company or corporation has obtained consent from the Borough.
If any or all of 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 the rights and privileges and be subject to the same terms, conditions and limitations of use as apply herein to the Borough; provided, however, that such 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.
The term "Borough," as used in this ordinance, shall be held to apply to and include 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 facilities existing or hereafter constructed or operated by the company, its predecessors, successors, or assigns. This ordinance shall cancel and supersede all prior consent ordinances between the Borough and the company regarding the subject matter hereof.
This ordinance shall not affect the ability of the Borough to impose real property or other taxes on the facilities of the company under current law. Further, if in the future applicable law should change so as to enable the Borough to impose a franchise fee or other fee, tax, charge, or monetary obligation on the company's operations or facilities hereunder, the company agrees that the provisions of this ordinance shall not preclude the Borough from imposing or collecting such fee, tax, charge or other monetary obligation which may be permitted by law.
The company shall maintain its property within the Borough in good condition 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.
Nothing contained in this ordinance shall be construed to impose an obligation on the part of the Borough to open any street not heretofore dedicated or opened to public use, and nothing herein shall be construed as an acceptance by the Borough of any unaccepted street or any part thereof where any pole, wire, conduit, cable or other fixture may exist.
In the event that any public street or way where any pole, conduit, cable or other fixture owned or used by the company exists is vacated by the Borough, the Borough agrees to reserve unto the company the rights granted by this ordinance. The Borough would have no further obligation or responsibility to maintain or provide access to the right-of-way.
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance shall be declared to be unenforceable or invalid for any reason whatsoever, such decision or declaration shall not affect the remaining portions of this ordinance, which shall continue in full force and effect; and to this end the provisions of this ordinance are hereby declared severable.
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.
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 by the company and approval by the Board of Public Utilities.
This ordinance shall take effect in the time and manner prescribed by law.