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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 99-028, Preamble]
Metropolitan Fiber Systems of New Jersey, a wholly-owned subsidiary of MCIWORLDCOM, ("MFS"), has requested permission to install telecommunications cable in the public rights-of-way of the Township of Chatham, New Jersey (the "Township") by attaching such cable to poles owned by public-utilities located in the public rights-of-way of the Township and by excavating in certain public rights-of-way of the Township.
The Township desires, pursuant to N.J.S.A. 54:30A-124, to grant permission for such use of the public right-of-way upon an annual payment of the estimated reasonable cost of actual services provided by the Township and by posting of certain safeguards for the protection of the general public.
[Ord. No. 99-028 § 1]
The Township has reviewed all documentation regarding MFS' request for use of the municipality's public road rights-of-way and finds that it is in the best interest of the residents of the Township to grant the request.
[Ord. No. 99-028 § 2]
The Township hereby consents to the non-exclusive use of its rights-of-way by MFS for the installation and maintenance of telecommunications cable and its appurtenances. The conditions for the parameters of the use are set forth in subsection 24-1.4 below. This consent shall permit MFS to place and maintain in, upon, along, across, above, over and under certain public highways and streets in the Township, as described by Exhibit A,[1] attached, poles, wires, underground conduits, manholes, cables and fixtures necessary for the maintenance and operation of the proposed use. This consent is subject to all provisions of this ordinance. In the event that MFS violates any provision of this ordinance, the Township will give MFS notice of such violation. Such violation must be cured within 30 days of the receipt by MFS of the Township's notice of violation, or, if the violation cannot be cured within 30 days, MFS will begin such cure within 30 days and continuously prosecute such cure until completed. Failure to cure the violation within the prescribed time will result in appropriate action on behalf of the Township, which may include, but is not limited to court intervention, revocation of this ordinance and the termination of any and all relationships between the Township and MFS.
[1]
Editor's Note: Exhibit A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 99-028 § 3]
This grant of consent to non-exclusive use of the public street rights-of-way is solely for the purpose of installing and maintaining telecommunications facilities.
[Ord. No. 99-028 § 4]
The needs of the Township and the public to minimize interruptions in street and sidewalk traffic and public and private business, to avoid congestion, environmental degradation, undue cost, inconvenience, reduction in property values, private interests and the like, frustration or burdening of Township planning for future utility installations and operations, maintenance of current utilities and general planning for development by the Township shall be respected by MFS and MFS will notify the Township of the proposed location of its facilities prior to installation.
[Ord. No. 99-028 § 5]
The consent granted by this ordinance shall apply to the portions of the Township rights-of-way described in Exhibit A,[1] attached. All questions of municipal boundary location, rights and interests in property, Federal, State, County and/or other governmental or quasi-governmental rights, privileges, and/or interests in real estate, shall be investigated and researched at the cost and expense of MFS. Procedures necessary to gather relevant information and to resolve each such question shall be pursued in the name of MFS, and the Township shall never be under any obligation to perform investigations or research, conduct or prosecute proceedings, expend legal fees or pay the charge of engineers, surveyors, title searches or others, or otherwise take any steps to define, delineate, establish or clarify the boundaries or rights of the Township.
[1]
Editor's Note: Exhibit A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 99-028 § 6]
The foregoing consent is and at all times shall be subject to full and complete compliance with the Township Land Development Ordinance, all other Township ordinances and regulations, and all rules, regulations and laws of the applicable jurisdictions as to all aspects of location, operation, and maintenance of the telecommunications facilities and fixtures necessary thereto. Installation of any fixture other than telecommunications facilities shall be subject to prior approval of the Township.
[Ord. No. 99-028 § 7]
No easement, title in fee, leasehold, or other interest in real estate, nor any other interest in public rights-of-way or real or personal property of the Township or any private party is hereby granted.
[Ord. No. 99-028 § 8]
In consideration of the estimated reasonable cost of actual services provided by the Township, MFS agrees to pay the greater of $500 or $200 per mile, or portion thereof, of telecommunications facilities located in the public right-of-way. The term of this grant shall run from the date of acceptance of the ordinance by MFS. All payments due to the Township hereunder shall commence as of the date of acceptance of this ordinance by MFS, and thereafter shall become due on or before the anniversary date of the acceptance by MFS for each succeeding year as long as any facilities remain in the public rights-of-way of the Township. Any failure to make timely payment shall be a violation of the provisions of this ordinance and shall be subject to any and all legal remedies available to the Township, including but not limited to those of subsection 24-1.3, above.
[Ord. No. 99-028 § 9]
a. 
Restoration. In the event MFS shall, from time to time, disturb any public or private pavement, street surface, curbs, gutters, sidewalks, driveways, above or below ground utilities lines, fixtures, equipment or other facilities, or trees, shrubs, or other landscaping or surfaces in the natural topography or any other matter whatsoever, MFS shall, at no expense to the Township, reasonably restore and replace such places and things so disturbed to and in not less than as good condition as existed prior to each disturbance. In doing so, MFS shall comply with all applicable ordinances, resolutions, laws, rulings, requirements for securing street opening permits and regulations. All restoration is to be completed in accordance with the relevant ordinances, resolutions, laws, rulings, or regulations and shall be completed within 30 working days of the work unless a longer period is specifically permitted by the applicable ordinance, resolution, law, ruling or regulation.
b. 
Relocation. If, at any time during the period of this consent, the Township shall alter or change the grade of any public street or highway, or alter or change the location of grade of any public water or sewer facility, or other utility facility, and such alteration shall require the relocation of the telecommunications facilities of MFS in the public rights-of-way in the Township, MFS shall upon reasonable notice by the Township relocate its cables, equipment or other facilities, at no expense to the Township.
c. 
Temporary Removal of Cables. MFS shall, for the purpose of and upon request of the Township, and at no expense to the Township, temporarily raise, or lower its cables and associated facilities in order to facilitate the moving of buildings, equipment, vehicles and machinery and to accommodate other like circumstances, MFS may suggest alternatives to the temporary removal of cable, where such temporary removal may cause a disruption of services or otherwise interfere with the expectations of its customers. The Township retains the right to make the final decision regarding the cable removal.
[Ord. No. 99-028 § 10]
MFS participates in the One-Call System as set out by New Jersey statute, and shall respond, when requested under its procedures, to mark out underground lines, within the time-frame set by the One-Call System's regulations.
[Ord. No. 99-028 § 11]
To secure the faithful performance by MFS of all of its obligations to the Township, MFS shall deliver to the Township and maintain in force throughout the duration of the use of the public rights-of-way within the Township, a surety bond in the penal sum of not less than $50,000, conditioned on the faithful performance by MFS of all of its undertakings pursuant to this ordinance. The bond must be acceptable in form and content to the Township Attorney. The bonding company shall be authorized to do business in the State of New Jersey.
[Ord. No. 99-028 § 12]
During the term of the use of the public rights-of-way within the Township, MFS shall deliver to the Township and maintain in force, at no expense to the Township, sufficient combined automobile and comprehensive general liability insurance naming the Township as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of:
a. 
$1,000,000 for bodily injury or death to one person;
b. 
$1,000,000 for bodily injury or death from any one accident;
c. 
$1,000,000 for property damage resulting from any accident; and
d. 
$5,000,000 "umbrella" excess liability coverage for both bodily injury and property damage for each occurrence and in the aggregate.
The insurance carrier must be acceptable to the Township Attorney and shall be authorized to do business in the State of New Jersey. MFS shall assure that no such policy of insurance shall be canceled without a minimum of 30 days' notice to the Township, or greater notice if required by regulations of the New Jersey Department of Insurance.
[Ord. No. 99-028 § 13]
MFS shall hold and save the Township harmless from and indemnify and defend the Township against every claim, loss and liability of kind, excepting the gross negligence or willful misconduct of the Township, its agents or employees, arising in any and every way directly or indirectly, immediately and consequently from:
a. 
The grant of this municipal consent;
b. 
Any act or omission of MFS or any of its officers, directors, employees, agents, contractors, suppliers, materialmen or affiliated companies;
c. 
The exercise or implementation, whether or not proper or lawful, of any right or privilege expressed or implied hereunder, by law or otherwise arising out of this municipal consent; and
d. 
Action, inaction, franchise, operations, maintenance, construction, installation or the like, by MFS.
"Loss" shall also include all actual legal fees and court costs.
[Ord. No. 99-028 § 14]
This ordinance is solely for the use by MFS of the public rights-of-way in the Township for the installation and maintenance of telecommunications facilities.
[Ord. No. 99-028 § 15]
The grant of rights under this ordinance shall be for a period of 10 years but may be extended or renewed for additional periods by ordinance adopted by the Township.
[Ord. No. 99-028 § 16]
Should any provision of this ordinance be determined invalid by a court or administrative tribunal of competent jurisdiction, such determination shall not affect the remaining provisions.
[Ord. No. 99-028 § 17]
The captions and titles assigned to the sections of this ordinance are for convenience and reference only, and are in no way to be construed as defining, limiting or modifying the scope or intent of the various provisions of this ordinance.
[Ord. No. 99-028 § 18]
In the event applicable law shall, during the term hereof, modify any provision of this ordinance, the ordinance shall be automatically modified to incorporate the change.
[Ord. No. 99-028 § 19]
Prior to any installation within the Township, MFS shall provide to the Township Clerk a certificate of authority from the Secretary of State evidencing its authority to do business in New Jersey.
[Ord. No. 99-028 § 20]
This ordinance and the rights and consents it conveys may be assigned only with the prior written consent of the Township. Transfer of the ordinance, and the rights and consents it conveys, to a parent, subsidiary, or affiliate corporation shall not be considered an assignment for purposes of this provision and shall not require the consent of the Township. MFS agrees to notify the Township of any such transfer.
[Ord. No. 99-028 § 21]
This ordinance shall take effect immediately upon final passage and publication according to law and upon receipt by the Township of written acceptance of the terms hereof, by MFS. If such acceptance is not received by the Township Clerk within 30 days of the final passage of this ordinance, the same will automatically expire and be of no further effect.
[Ord. No. 99-041, Preamble]
Metricom, Inc. has requested permission to install wireless on-line facilities in the public rights-of-way of the Township of Chatham, New Jersey (the "Township") by attaching its Ricochet radio transceivers to poles owned by public-utilities located in the public rights-of-way of the Township to facilitate wireless internet and on-line communications and services.
The Township desires, pursuant to N.J.S.A. 54:30A-124, to grant permission for such use of the public right-of-way upon an annual payment of the estimated reasonable cost of actual services provided by the Township and by posting of certain safeguards for the protection of the general public.
[Ord. No. 99-041 § 1]
The Township has reviewed all documentation regarding Metricom's request for use of the municipality's public road rights-of-way and finds that it is in the best interest of the residents of the Township to grant the request.
[Ord. No. 99-041 § 2; Ord. No. 2000-028]
The Township hereby consents to the non-exclusive use of its rights-of-way by Metricom for the installation and maintenance of its Ricochet transceivers. The conditions for the parameters of the use are set forth in subsection 24-2.4 below. This consent shall permit Metricom to place and maintain such transceivers on public utility poles located upon and along certain public highways and streets in the Township, as described by Exhibit A,[1] attached. This consent is subject to all provisions of this ordinance. In the event that Metricom violates any provision of this ordinance, the Township will give Metricom notice of such violation. Such violation must be cured within 30 days of the receipt by Metricom of the Township's notice of violation, or, if the violation cannot be cured within 30 days, Metricom will begin such cure within 30 days and continuously prosecute such cure until completed. Failure to cure the violation within the prescribed time will result in appropriate action on behalf of the Township, which may include, but is not limited to court intervention, revocation of this ordinance and the termination of any and all relationships between the Township and Metricom.
[1]
Editor's Note: Exhibit A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 99-041 § 3]
This grant of consent to non-exclusive use of the public street rights-of-way is solely for the purpose of installing and maintaining radio transceivers to facilitate wireless internet and on-line communications and services.
[Ord. No. 99-041 § 4]
The needs of the Township and the public to minimize interruptions in street and sidewalk traffic and public and private business, to avoid congestion, environmental degradation, undue cost, inconvenience, reduction in property values, private interests and the like, frustration or burdening of Township planning for future utility installations and operations, maintenance of current utilities and general planning for development by the Township shall be respected by Metricom and Metricom will notify the Township of the proposed location of its facilities prior to installation.
[Ord. No. 99-041 § 5]
The consent granted by this ordinance shall apply to the portions of the Township rights-of-way described in Exhibit A,[1] attached. All questions of municipal boundary location, rights and interests in property, Federal, State, County and/or other governmental or quasi-governmental rights, privileges, and/or interests in real estate, shall be investigated and researched at the cost and expense of Metricom. Procedures necessary to gather relevant information and to resolve each such question shall be pursued in the name of Metricom, and the Township shall never be under any obligation to perform investigations or research, conduct or prosecute proceedings, expend legal fees or pay the charge of engineers, surveyors, title searches or others, or otherwise take any steps to define, delineate, establish or clarify the boundaries or rights of the Township.
[1]
Editor's Note: Exhibit A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 99-041 § 6]
The foregoing consent is and at all times shall be subject to full and complete compliance with the Township Land Development Ordinance, all other Township ordinances and regulations, and all rules, regulations and laws of the applicable jurisdictions as to all aspects of location, operation, and maintenance of the wireless internet and on-line communication and service facilities and fixtures necessary thereto. Installation of any fixture other than such facilities shall be subject to prior approval of the Township.
[Ord. No. 99-041 § 7]
No easement, title in fee, leasehold, or other interest in real estate, nor any other interest in public rights-of-way or real or personal property of the Township or any private party is hereby granted.
[Ord. No. 99-041 § 8]
a. 
In consideration of the estimated reasonable cost of actual services provided by the Township, Metricom agrees to pay an amount equal to $60 for the use of each municipal facility upon which a transceiver is installed, provided that the payment shall be no less than the sum of $800 per year. The term of this grant shall run from the date of acceptance of the ordinance by Metricom. All payment due to the Township hereunder shall commence as of the date of acceptance of this ordinance by Metricom, and thereafter shall become due on or before the anniversary date of the acceptance by Metricom for each succeeding year as long as any facilities remain in the public rights-of-way of the Township. Any failure to make timely payment shall be a violation of the provisions of this ordinance and shall be subject to any and all legal remedies available to the Township, including but not limited to those of subsection 24-2.3.
b. 
In consideration of the Township's grant, the Township shall have the right throughout the term of this grant to the use of six Ricochet (or other such named) basic service subscriptions at no cost or expense to the Township.
[Ord. No. 99-041 § 9]
a. 
Restoration. In the event Metricom shall, from time to time, disturb any public or private pavement, street surface, curbs, gutters, sidewalks, driveways, above or below ground utilities lines, fixtures, equipment or other facilities, or trees, shrubs, or other landscaping or surfaces in the natural topography or any other matter whatsoever, Metricom shall, at no expense to the Township, reasonably restore and replace such places and things so disturbed to and in not less than as good condition as existed prior to each disturbance. In doing so, Metricom shall comply with all applicable ordinances, resolutions, laws, rulings, requirements for securing street opening permits and regulations. All restoration is to be completed in accordance with the relevant ordinances, resolutions, laws, rulings, or regulations and shall be completed within 30 working days of the work unless a longer period is specifically permitted by the applicable ordinance, resolution, law, ruling or regulation.
b. 
Relocation. If, at any time during the period of this consent, the Township shall alter or change the grade of any public street or highway, or alter or change the location of grade of any public water or sewer facility, or other utility facility, and such alteration shall require the relocation of the facilities of Metricom in the public rights-of-way in the Township, Metricom shall upon reasonable notice by the Township relocate its transceivers or other facilities, at no expense to the Township.
c. 
Temporary Removal of Cables. Metricom shall, for the purpose of and upon request of the Township, and at no expense to the Township, temporarily raise, or lower its cables and associated facilities in order to facilitate the moving of buildings, equipment, vehicles and machinery and to accommodate other like circumstances, Metricom may suggest alternatives to the temporary removal of cable, where such temporary removal may cause a disruption of services or otherwise interfere with the expectations of its customers. The Township retains the right to make the final decision regarding the cable removal.
[Ord. No. 99-041 § 10]
To secure the faithful performance by Metricom of all of its obligations to the Township, Metricom shall deliver to the Township and maintain in force throughout the duration of the use of the public rights-of-way within the Township, a surety bond in the penal sum of not less than $7,500, conditioned on the faithful performance by Metricom of all of its undertakings pursuant to this ordinance. The bond must be acceptable in form and content to the Township Attorney. The bonding company shall be authorized to do business in the State of New Jersey.
[Ord. No. 99-041 § 11]
During the term of the use of the public rights-of-way within the Township, Metricom shall deliver to the Township and maintain in force, at no expense to the Township, sufficient combined automobile and comprehensive general liability insurance naming the Township as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of:
a. 
$1,000,000 for bodily injury or death to one person;
b. 
$1,000,000 for bodily injury or death from any one accident;
c. 
$1,000,000 for property damage resulting from any one accident; and
d. 
$5,000,000 "umbrella" excess liability coverage for both bodily injury and property damage for each occurrence and in the aggregate.
The insurance carrier must be acceptable to the Township Attorney and shall be authorized to do business in the State of New Jersey. Metricom shall assure that no such policy of insurance shall be canceled without a minimum of 30 days' notice to the Township, or greater notice if required by regulations of the New Jersey Department of Insurance.
[Ord. No. 99-041 § 12]
Metricom shall hold and save the Township harmless from and indemnify and defend the Township against every claim, loss and liability of kind, excepting the gross negligence or willful misconduct of the Township, its agents or employees, arising in any and every way directly or indirectly, immediately and consequently from:
a. 
The grant of this municipal consent;
b. 
Any act or omission of Metricom or any of its officers, directors, employees, agents, contractors, suppliers, materialmen or affiliated companies;
c. 
The exercise or implementation, whether or not proper or lawful, of any right or privilege expressed or implied hereunder, by law or otherwise arising out of this municipal consent; and
d. 
Action, inaction, franchise, operations, maintenance, construction, installation or the like, by Metricom.
"Loss" shall also include all actual legal fees and court costs.
[Ord. No. 99-041 § 13]
This ordinance is solely for the use by Metricom of the public rights-of-way in the Township for the installation and maintenance of telecommunications facilities.
[Ord. No. 99-041 § 14]
Should any provision of this ordinance be determined invalid by a court or administrative tribunal of competent jurisdiction, such determination shall not affect the remaining provisions.
[Ord. No. 99-041 § 15]
The captions and titles assigned to the sections of this ordinance are for convenience and reference only, and are in no way to be construed as defining, limiting or modifying the scope or intent of the various provisions of this ordinance.
[Ord. No. 99-041 § 16]
In the event applicable law shall, during the term hereof, modify any provision of this ordinance, the ordinance shall be automatically modified to incorporate the change.
[Ord. No. 99-041 § 17]
Prior to any installation within the Township, Metricom shall provide to the Township Clerk a certificate of authority from the Secretary of State evidencing its authority to do business in New Jersey.
[Ord. No. 99-041 § 18]
This ordinance and the rights and consents it conveys may be assigned only with the prior written consent of the Township. Transfer of this ordinance, and the rights and consents it conveys, to a parent, subsidiary, or affiliate corporation shall not be considered an assignment for purposes of this provision and shall not require the consent of the Township. Metricom agrees to notify the Township of any such transfer.
[Ord. No. 99-041 § 19]
This ordinance shall take effect immediately upon final passage and publication according to law and upon receipt by the Township of written acceptance of the terms hereof by Metricom. The parties may execute a Right-of-Way Use Agreement which incorporates the terms and conditions of this ordinance. The terms of this ordinance shall be incorporated into the Right-of-Way Use Agreement. If such acceptance is not received by the Township Clerk within 30 days of the final passage of this ordinance, the same will automatically expire and be of no further effect. In the event of a conflict between the terms of this ordinance and the Right-of-Way Use Agreement, the terms of this ordinance shall control.