[HISTORY: Adopted by the Mayor and Council
of the Borough of Alpha 8-23-2016 by Ord. No. 2016-13[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A485,
Telephone Franchise, adopted 5-10-1966 by Ord. No. 175 (Ch. A154 of
the 1974 Code), as amended.
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
Verizon 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 Borough of Alpha (the "Borough") 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 Borough,
the Borough agrees to reserve unto said company the rights granted
the company by the present ordinance.
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 Borough. The poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties or required by law, or at the points
or places now 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 between the parties.
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.
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 Borough, 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 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 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 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 Borough, except that if such injury or
damage shall be caused by the joint or concurring negligence or fault
of the company and the Borough, the same shall be borne by them to
the extent of their respective fault or negligence.
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 Borough 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 to, 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.
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, posts, pedestals or other structures
for all lawful purposes, provided the company consents to such use,
on terms and conditions acceptable to the company and not inconsistent
with the provisions of the present ordinance.
A.
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 Borough during the pendency of this
ordinance. Such space shall be provided for the exclusive use of the
Borough 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 Borough shall interfere with the plant
or facilities of or the use thereof by the company.
B.
All costs or expenses incurred by the company in connection therewith
shall be paid by the Borough. It shall be the obligation of the Borough
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 Borough shall give the company 30
days' prior notice in writing. All such work shall be performed
under the supervision of said company. The Borough agrees to indemnify
and save harmless the company 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 the Borough's
installation, maintenance, operation or removal of wires or facilities
or the Borough's use or enjoyment of the company's plant
or facilities as provided under this section, except that if such
injury or damage shall be caused by joint or concurring negligence
of the company and Borough, the same shall be borne by them to the
extent of their respective fault or negligence.
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 such rights and privileges and be subject to the
same terms, conditions and limitations of use as apply herein to the
Borough, provided, however, that 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 and
cover all communications facilities of the company existing at any
time, and related structures, process equipment, and appurtenances
heretofore or hereafter erected, constructed, reconstructed, removed,
located, relocated, replaced, maintained, repaired, or operated by
the company, its predecessors, successors, or assigns within the Borough.
This ordinance shall cancel and supersede all prior consent ordinances
between the Borough and the company regarding the subject matter hereof.
This ordinance shall continue in full force and effect for a
period of 50 years from the date it becomes effective subject to the
right of the company to seek such changes herein as may be deemed
necessary from time to time prior to the expiration of said period,
said changes to be approved by the Borough. The company shall maintain
its property within the Borough and shall comply with applicable law
for the provision of safe, adequate and proper service at just and
reasonable rates. At and after the term of this ordinance, the company
shall safeguard the public interest in continuous and uninterrupted
service within the Borough.
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.
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 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 thereof by the company and approval thereof
by the Board of Public Utilities.
