[HISTORY: Adopted by the Township Committee of the Township of Andover 11-8-2000 by Ord. No. 2000-16. Amendments noted where applicable.]
As used in this ordinance the following terms shall mean:
- LOCATE FACILITIES
- To erect, construct, reconstruct, remove, lay, inspect, maintain, repair, replace and operate telephone and telecommunication facilities.
- Any and all of the land dedicated to the interest and use of the public in this Township of Andover, including all of the various sidewalks, streets, roads, avenues, highways, bridges and waterways, throughout their entire length and parts thereof.
- Any and all of the streets, roads, avenues and highways, and parts thereof, in the Township of Andover.
- TELECOMMUNICATION FACILITIES
- Communications facilities and other transmission or processing equipment used by United Telephone for its local and through lines and systems in connection with the provision of telephone and telecommunication services, including poles, posts, supports, guys, wires, cables, antennae, pedestals, cable termination and distribution cabinets, and underground facilities including conduits and subways, manholes, loading coil vaults, loading coils, and all other equipment, fixtures and appurtenances.
- Any form of municipality or government into which the Township of Andover, or any part thereof, may at any time hereafter be changed, annexed or merged, and the term "Township Committee" or any other term used to refer to the governing body of this Township shall be held to apply to and include the governing body of such other form of municipality.
- UNITED TELEPHONE
- United Telephone Company of New Jersey, Inc., a corporation of the State of New Jersey doing business as Sprint, its predecessors, successors and/or assigns
Permission and consent is hereby granted to United Telephone to provide telephone and telecommunication services and to locate its telecommunications facilities, including the necessary street openings and lateral connections to curb poles and property lines, in, through, upon, along, over, under and across all of the rights-of-way throughout their entire length and parts thereof, in this Township, and all of the various rights-of-way throughout their entire length and parts thereof are hereby designated and prescribed for those uses and purposes. United Telephone shall not place any poles, pedestals, cabinets or other facilities in such as a manner as to obstruct the use of the Township's sidewalks or streets.
All telecommunication facilities hereafter located within said rights-of-way shall be placed in back of and within 18 inches of the curb lines where shown on the official maps of this Township, in addition to the places now occupied by United Telephone's facilities, and at other convenient or necessary places upon the streets adjacent to such curb lines.
Where curb lines have not yet been established, or where an established curb line is relocated in order to widen an existing street or highway, upon receipt of notice from the Township Clerk that the new curb line has been so established United Telephone shall change the location of its poles at its own expense so that the same shall be in back of and adjacent to the new curb line and within 18 inches thereof.
United Telephone may locate telecommunications facilities underground in the rights-of-way.
With the exception of lateral branches to curb poles and property lines, the underground conduits and facilities shall be placed below the surface of the rights-of-way and parts thereof, and said conduits generally shall not be constructed more than 10 feet from the curb lines unless obstructions make it necessary to deviate from such course. All underground conduits shall be placed at least 18 inches below the surface.
All manholes and loading coil vaults shall be located beneath the surface of the rights-of-way, and parts thereof, at such points along the line of the underground facilities as may be necessary or convenient for placing, maintaining and operating the cables and other electrical conductors which United Telephone may from time to time place in said underground facilities, and shall be so constructed as to conform to the cross-sectional and longitudinal grade of the pavement and so as not to interfere with the safety or convenience of persons or vehicles traveling on or over the right-of-way.
Before proceeding with any new construction to locate telecommunication facilities pursuant to this ordinance, United shall file with the Township a map or plan showing the location and size of any such proposed pole(s) or underground facilities, to be approved by the Township or its authorized representative before any such work is begun. Such maps or plans are for the Township's information only and shall not be considered as construction specifications upon which subsequent construction or excavation may proceed either by the municipality or a third party.
Prior to the opening or excavation of any street, United Telephone must first obtain, and pay a reasonable fee for, such street opening or excavation permits as may be required by local ordinances.
The surface of the sidewalks and streets, and any pavement or other surface or planting disturbed by United Telephone in locating its telecommunication facilities shall be restored to as good condition as it was before the commencement of the work, and no right-of-way shall be encumbered for a longer period than shall be necessary to execute the work.
Nothing contained in this ordinance shall be construed to impose an obligation on the part of this Township to open any street not heretofore dedicated or opened to the public use, and nothing herein shall be construed as an acceptance by the Township of any unaccepted street or any part thereof.
In the event that the Township vacates any public right-of-way that has United Telephone's facilities on, over, under or above it, the municipality agrees to reserve unto United Telephone the rights granted by this ordinance.
United Telephone or any other companies or corporations having legal authority to erect and maintain facilities within the Township's rights-of-way may now and hereafter jointly use facilities for all lawful purposes, provided that United Telephone consents to such use upon terms and conditions that it accepts and that are not inconsistent with the provisions of this ordinance.
As long as this ordinance continues in effect and the poles are occupied by the company, United Telephone shall provide, free of charge to this Township, space on its poles for the Township to place one crossarm or, in lieu thereof, two pins on a crossarm of United (to be designated by it), and space in its main underground facilities (not exceeding one clear duct of standard size) to accommodate the wires or electrical conductors required for signal control in connection with its police patrol, fire alarm telegraph signal systems and traffic signal control systems. This does not include circuits for the supply of electrical energy for the traffic control or other signals. This also does not include facilities to provide a means of transmitting any signal to a private, commercial or nongovernmental location which is usually provided by a nongovernmental supplier.
The use or attachment by the municipality shall be installed, used or maintained in such manner that it does not interfere with the facilities or use of United Telephone, and all costs or expenses incurred in connection therewith shall be paid by the Township.
The Township shall give United Telephone 30 days' notice, in writing, before proceeding, either itself or on the part of a person, firm or corporation engaged to perform such work, with the attachment of its said crossarms and/or wires to the poles, or the placing of its electrical conductors in United Telephone's main subways or manholes, in order that the work may be performed under the supervision of United Telephone.
If any or all of the said streets or highways are later taken over by the Board of Chosen Freeholders of the County of Sussex, or the State Highway Department, then the Board of Chosen Freeholders or the State Highway Department may use the same clear duct of standard size referred to for their respective police patrol, fire alarm telegraph and traffic signal control systems in conjunction with the Township's use thereof for similar purposes, but only after making such satisfactory arrangements as may be necessary with the Township and United Telephone for the full protection of each other's interests.
The Township shall indemnify and save United Telephone harmless from all claims or suits for damages arising from the attachment or use of its poles or other facilities, or the location in its main subways of any crossarms, wires or electrical conductors used by this Township pursuant to § A235-10 above.
United Telephone agrees to indemnify and save harmless the Township of Andover, its officers, agents and employees from and against all claims, liabilities, costs or expenses arising from any loss of life or property, or injury to any property or person or entity, caused by or arising out of conditions in the public right-of-way resulting from any excavation or installation in connection with the work and/or equipment of United Telephone. This indemnification/save harmless provision shall not apply when the loss, injury or damage is attributable to the fault, failure or negligence of the Township. If such loss, injury or damage is caused by the joint and concurring fault, failure or negligence of the Township and United Telephone, the same shall be borne by the parties to the extent of their respective fault or negligence.
The permission and consent given by this ordinance shall continue for a period of 20 years from the date of its approval by the Board of Public Utilities, subject to the right of United Telephone to seek such changes from time to time as it may necessary and reasonable.
Throughout the full time that this ordinance is in effect, United Telephone shall furnish safe, adequate and proper service within this Township, at just and reasonable rates, and keep and maintain its property and equipment in such condition as to enable it to do so.
Nothing contained in this ordinance shall be construed to grant United Telephone an exclusive right, or to prevent the granting of permission and consent to other companies, to use the rights-of-way to of this Township for like purposes.
The permission and consent granted by this ordinance shall apply to and cover the telecommunication facilities heretofore and hereafter located in the Township by United Telephone.
United Telephone shall pay the expenses incurred for advertising done in connection with the passage of this ordinance within 30 days after its effective date.
United Telephone shall file its written acceptance of this ordinance with the Township Clerk of this Township within 30 days after receipt of notice from the Township Clerk of its final passage, and said ordinance shall, upon publication and the filing of such acceptance, become effective, subject to approval by the Board of Public Utility Commissioners of the State of New Jersey.