[HISTORY: Adopted by the Township Committee of the Township of Harmony 9-6-2005
by Ord. No. 05-16. 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 and lateral connections to curb poles, property
lines and other facilities in the Township of Harmony (the "Township") for
said Company's local and through lines in connection with the transaction
of its business. The right of Company to effect necessary street openings
shall be subject to the Township's then-existing ordinances related to
such actions. Company shall also be subject to standard road/improvement opening
moratoriums. This ordinance does not authorize placement of wireless telecommunications
facilities within the Township's rights-of-way. This ordinance also does
not authorize Company to construct switching stations in the Township's
rights-of-way without separate permission.
The permission and consent of the Township shall be for 15 years.
A.
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 Township 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 Township 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 Township and Company. Facilities to
service all new residential subdivisions will be constructed underground unless
the property owner obtains the Township's permission otherwise.
B.
Company may bury its local and through lines and facilities
within the rights-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 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 United Telephone 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. 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 Township may request a supplemental bond
for the difference.
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 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 Township from liability to
Company or third parties in the event of joint or concurring negligence or
fault of Company and the Township; provided, however, that the legal liability
of the Township, 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 Township, Company shall change the location of its
aboveground and below-ground facilities covered by this ordinance, 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. The former
includes that the Township owns the existing or acquired right-of-way where
Company is requested to locate or relocate facilities, and that the new curbline
is properly established by ordinance, filed map and/or official map. Company
shall bear the costs so long as the relocation is for the purpose of construction,
reconstruction, improvement or repair to streets, sidewalks, sewers, water
mains, storm drains, and other Township utilities and not solely for aesthetic
purposes.
Any company or corporation having legal authority to place its facilities
in the public streets and ways of the Township may jointly use Company's
poles, conduits or other fixtures for all lawful purposes, provided that Company
consents to such use, on terms and conditions acceptable to Company and not
inconsistent with the provisions of this ordinance, and that said company
or corporation has obtained consent from the Township.
If any or all of the said streets or ways are later taken over by the
County of Warren 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 Township; provided, however, that
such satisfactory prior arrangements as may be necessary are made with the
Township and Company for the full protection of the respective interest of
each.
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.
The permission and consent hereby granted shall apply to Company's
local and through lines and related fixtures, existing or hereafter constructed
or operated by Company, its predecessors, successors, or assigns. This ordinance
shall cancel and supercede all prior consent ordinances between the Township
and Company regarding the subject matter hereof.
This ordinance shall not affect the ability of the Township to impose
real property taxes on the facilities of Company under current law. Further,
if in the future applicable law should change so as to enable the Township
to impose a franchise fee or other fee, tax, charge or monetary obligation
on Company's operations or facilities hereunder, Company agrees that
the provisions of this ordinance shall not preclude the Township from imposing
or collecting such fee, tax, charge or other monetary obligation which may
be permitted by law.
Company shall maintain its property within the Township 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 Township to open any street not heretofore dedicated
or opened to public use, and nothing herein shall be construed as an acceptance
by the Township 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 Company exists is vacated by the Township,
the Township agrees to reserve unto Company the rights granted by this ordinance.
Township 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 of 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.
A.
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 Company has received a bill for
said advertising.
B.
Following final passage of this ordinance, the Township
Clerk shall provide 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 Company and approval by the
Board of Public Utilities.
C.
This ordinance shall take effect in the time and manner
prescribed by law.
