[HISTORY: Adopted by the Township Committee of the Township of Lebanon 8-3-2005 by Ord. No. 2005-12. 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, wire/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 Lebanon (the "Township") for said company's local and through lines in connection with the transaction of its business. The right of the company to effect necessary street openings shall be subject to the Township's then-existing ordinances related to such actions. The company shall also be subject to standard road/improvement opening moratoriums.
The permission and consent of the Township shall be for 10 years, with up to four ten-year extensions as determined by the Township Committee at least one year prior to the expiration of the ten-year term.
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 (RSIS), NJDOT standards, compliance with stormwater management regulations/issues and NJDEP/EPA 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 the Township and company. Facilities to service all new residential subdivisions will be constructed underground unless the property owner obtains the Township's permission otherwise.
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 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 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 the entire term of this ordinance. For projects where the estimated cost of restoration exceeds $5,000, the Township may request a supplemental bond for the difference for the periods where such disturbances occur.
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 conditions resulting from any negligent or faulty excavation, installation or maintenance connected with its work equipment. The "Township" shall be defined and shall at all times mean the Township of Lebanon, its subsidiaries, affiliates, predecessors, successors and assigns or any and all of them, their present and former directors, officials, officers, representatives, associates, partners, servants, employees, agents, attorneys, designees, successors, heirs, executors and administrators, whether in their individual or official capacities and all other persons, firms, corporations, associations, partnerships or any other entity connected therewith. The provisions of this ordinance 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 or its representatives, 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 company shall bear the costs so long as the relocation is not solely for aesthetic purposes or governed by N.J.S.A. 40A:26A-8.
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 written prior consent from the Township.
If any or all of said streets or ways are later taken over by the County of Hunterdon and/or the State of New Jersey, the 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 facilities, existing or hereafter constructed or operated by company, its predecessors, successors, or assigns. This ordinance shall cancel and supersede 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. Furthermore, this ordinance shall not affect the ability of the Township, pursuant to federal law, to seek "fair and reasonable" compensation in addition to property taxes from the company.
The 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 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. The 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 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 calendar days after company has received a bill for said advertising.
Following final passage of this ordinance, the Township Clerk shall provide the company with written notice thereof by certified mail, return receipt requested, and regular mail. As provided by applicable law, this ordinance, and any subsequent amendments, shall not become effective until acceptance by company and approval by the New Jersey State Board of Public Utilities. The company shall be required to file said approved ordinance with the Board of Public Utilities.