Ordinance No. 20-17
Introduced: October 19, 2017
Public Hearing: November 16, 2017
Status: Adopted
An ordinance granting non-exclusive permission and consent to Verizon Wireless to use all of the various public rights-of-way and parts thereof in the Township of Randolph, Morris County, New Jersey for the construction, installation, operation, repair and maintenance of wireless communications facilities
WHEREAS, New York SMA Limited Partnership d/b/a Verizon Wireless (“Verizon Wireless”) has been approved by the Federal Communications Commission to provide communications services throughout the State of New Jersey and, pursuant to N.J.S.A. 48:3-18, Verizon Wireless may use poles that have been lawfully erected within municipal rights-of-way; and
WHEREAS, Verizon Wireless has requested consent from the Township of Randolph (“Randolph”) pursuant to N.J.S.A. 48:3-19 (as to municipal rights-of-way) to place wireless communications facilities (“Facilities” as defined below) within the public rights-of-way within Randolph for the purpose of owning, constructing, installing, operating, repairing and maintaining a telecommunications system; and
WHEREAS, Randolph acknowledges that pursuant to 47 U.S.C. §253(a) it may not prohibit the ability of Verizon Wireless to provide any interstate or intrastate telecommunications service; and
WHEREAS, pursuant to N.J.S.A. 54:30A-124, Verizon Wireless has agreed to submit to Randolph (1) a $5,000.00 escrow to cover reasonable fees for actual services and costs incurred by Randolph in reviewing Verizon Wireless’ request as described above, including, but not limited to, Randolph’s attorneys’ fees for the negotiation and preparation of a Rights-of-Way Use Agreement and this Ordinance and the costs for police services, if required, for traffic safety during installation of the Facilities; and (2) a route map which depicts Verizon Wireless’ initial planned installation route throughout Randolph two (2) weeks prior to any installation; and
WHEREAS, Randolph desires to grant consent to Verizon Wireless to construct, install, operate, repair and maintain Facilities within the public rights-of-way.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Definitions.
- “Verizon Wireless” shall refer to New York SMSA Limited Partnership d/b/a Verizon Wireless.
- “Randolph” shall refer to the Township of Randolph, County of Morris, State of New Jersey.
- “Rights-of-Way” means the areas owned by the public devoted to passing under, over, on or through lands with public utility facilities.
- “Utility Pole” means, in addition to its commonly accepted meaning, any wires or cable connected thereto and any replacement thereof which is similar in construction and use.
- “Antenna” means antenna substantially similar to, and that does not exceed the dimensions of, the antenna depicted in either Exhibit A (Commscope NH360QM-DG-2XR—16.8" W x 16" D x 49.3" H) or Exhibit B (JMA Wireless X7CQAP-FRO-445-V—18.8" W x 7.7" D x 50.5" H) to the Use Agreement.
- “Equipment” means equipment that includes radios and other devices that are housed in enclosures which are substantially similar to, and that do not exceed the dimensions of, the equipment depicted in Exhibit C (TekoGround Furniture/Pole Mounted—37" W x 13" D x 58" H) or (ConcealFab Radio Shroud P/N: CFTK2B Shroud—20" W x 13" D x 55" H) or (ConcealFab Lean Cabinet, Nokia-Certified Radio Shroud—23" W x 16" D x 55" H) or (23" W x 16" D x 64" H) or Nokia—Ground Furniture Shrouds (23" W x 16" D x 55" H) or (23" W x 16" D x 64" W).
- “Facility” or “Facilities” means wireless communications facilities consisting of Antennas as defined in e. above, Equipment as defined in f. above and related cables, wires, antenna mounts, meter boxes, disconnects and control panels.
SECTION TWO. Subject to the provisions of applicable Township Ordinances and the execution of a Right-Of-Way Use Agreement with Randolph, non-exclusive permission and consent is hereby granted to Verizon Wireless, its successors and assigns, to construct, install, operate, repair and maintain Facilities in, through, upon, over, under and across all of the various public rights-of-way, and parts thereof, in Randolph.
SECTION THREE. Verizon Wireless shall prepare and submit to Randolph a map which depicts the location of Verizon Wireless’ initial Facilities two (2) weeks prior to commencing installation of the Facilities. All construction, installation, operation, repair and maintenance of Verizon Wireless’ Facilities shall be done so as not to interfere with any public water, sanitary sewer, storm drainage or other public facilities, fixtures and appurtenances (hereinafter “Public Facilities”).
Verizon Wireless further agrees to remove and relocate, at its sole expense, all or any part of its Facilities hereafter located and installed that unreasonably interfere with construction, reconstruction and maintenance of any Public Facility, except as otherwise provided by law and subject to the right of Verizon Wireless to recover the costs of such work from third parties who may be legally responsible for such costs.
Any and all rights expressly granted to Verizon Wireless under this Ordinance, which shall be exercised at Verizon Wireless’s sole cost and expense, shall be subject to the prior and continuing right of Randolph under applicable laws to use any and all parts of the municipal rights-of-way exclusively or concurrently with any other person or persons, and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect such municipal rights-of-way. Nothing in this Ordinance shall be deemed to grant, convey, create or vest in Verizon Wireless a real property interest in land, including any fee, leasehold interest, easement, or any other form of interest or ownership.
Subject to obtaining the permission of the owner(s) of Utility Poles and underground conduit, which shall be the sole responsibility of Verizon Wireless to undertake and obtain, Randolph hereby authorizes and permits Verizon Wireless to enter upon the municipal rights-of-way and to construct, install, operate, repair and maintain its Facilities within the public rights-of-way, including the use of Utility Poles and underground conduit owned by public utility companies or others within the public rights-of-way as may be permitted by the public utility company or property owner, as the case may be.
SECTION FOUR. Verizon Wireless, its successors, assigns, sub-contractors, agents, servants, officers, employees, designees, guests and invitees, hereby indemnify, defend and hold harmless Randolph, its successors and assigns, elected officials, officers, employees, servants, contractors, designees and invitees from and against any and all claims, demands, suits, actions at law or equity or otherwise, judgments, arbitration determinations, damages, liabilities, decrees of any person(s) or entities claiming to be or being harmed as a result of Verizon Wireless’s actions under this Ordinance and costs in connection therewith and the use Agreement except to the extent resulting from the negligent or willful acts or omissions of Randolph, or its elected officials, officers, employees, servants, contractors, designees, invitees or their successors and/or assigns. This indemnification shall specifically include, but not be limited to, any and all costs, reasonable attorneys’ fees, court costs and any other expenses that may be incurred by Randolph in connection with any and all claims, demands, suits, actions at law or equity or otherwise and/or arbitration proceeding which may arise in connection with Verizon Wireless’s activities pursuant to the rights granted in the Ordinance and the Use Agreement.
SECTION FIVE. The surface of the public rights-of-way, and any pavement or flagging taken up or soil and/or planting disturbed by Verizon Wireless in constructing, installing, operating, repairing and maintaining its Facilities shall be restored to as good condition as it was before the commencement of work thereon by Verizon Wireless at no cost to Randolph, except as otherwise provided by law. No public rights-of-way shall be encumbered for a longer period than shall be necessary to execute the work. Such restoration shall be subject to the approval of Randolph after an inspection by its authorized representative upon completion of the work.
SECTION SIX. Verizon Wireless agrees to pay reasonable costs incurred by Randolph as the result of the installation of the Facilities described in Section 1, including, but not limited to Randolph’s attorneys’ fees for the negotiation and preparation of the Use Agreement and this Ordinance and costs for police services, if required for traffic safety during construction/installation of the Facilities. Verizon Wireless agrees to submit an escrow deposit in the amount of $5,000.00 in connection therewith.
SECTION SEVEN. The use of all public rights-of-way by Verizon Wireless shall be subject to such police and other regulations and restrictions as may be lawfully adopted by the Governing Body of the Township of Randolph.
SECTION EIGHT. Verizon Wireless shall at all times maintain a commercial general liability insurance policy with a combined single amount limit of Five Million Dollars ($5,000,000.00) covering bodily injury (including death) or property damage arising out of the construction and operation contemplated herein including personal and advertising injury. Randolph shall be included as an additional insured as their interests may appear under this agreement under said insurance policy.
Prior to the commencement of any work pursuant to this Ordinance, Verizon Wireless shall file with Randolph Certificates of Insurance evidencing the coverage provided by said liability policies.
Randolph shall notify Verizon Wireless within fifteen (15) days after the presentation of any claim or demand to Randolph, either by suit or otherwise, made against Randolph on account of Verizon Wireless or any of its sub-contractors, agents, employees, officers, servants, designees, guests and invitees, activities pursuant to the rights granted in this Ordinance.
SECTION NINE. Following the adoption of this Ordinance by Randolph, and acceptance thereof by Verizon Wireless, Verizon Wireless and Randolph shall execute the Use Agreement which shall set forth the terms and conditions of the permission and consents granted herein. Said permission and consent shall continue and be in force for fifteen (15) years from the date of such Use Agreement. Throughout the full term of this Ordinance, Verizon Wireless, its successors and assigns, shall keep and maintain its Facilities in good condition.
SECTION TEN. Nothing herein contained shall be construed to grant unto Verizon Wireless, its successors and assigns, an exclusive right or to prevent the granting of permission and consent to other companies for like purposes on any of the public rights-of-way of the Township of Randolph.
SECTION ELEVEN. The term “Randolph” as used in this Ordinance shall be held to apply to and include any form of municipality or government into which the Township of Randolph or any part thereof may at any time hereafter be changed, annexed or merged, and the term “Randolph” or any other term herein used in referring to the Governing Body of the Township of Randolph shall be held to apply and include the Governing Body of such other form of municipal entity.
SECTION TWELVE. Upon adoption of this Ordinance in accordance with law, the Township Clerk shall provide notification of same to Verizon Wireless within fifteen (15) days after adoption. Verizon Wireless shall file with the Township Clerk its written acceptance of said Ordinance within 30 days of the receipt of said notice.
SECTION THIRTEEN. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be judged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Ordinance shall be deemed valid and effective.
SECTION FOURTEEN. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION FIFTEEN. This Ordinance shall take effect immediately upon adoption.
ATTEST
_____________________________
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
_____________________________
Christine Carey, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 20-17
Notice is hereby given that an Ordinance entitled “An Ordinance Granting Non-Exclusive Permission And Consent To Verizon Wireless To Use All Of The Various Public Rights-Of-Way And Parts Thereof In The Township Of Randolph, Morris County, New Jersey For The Construction, Installation, Operation, Repair, Maintenance And Replacement Of Wireless Communications Facilities” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on October 19, 2017 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on November 16, 2017 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to grant Verizon Wireless a non-exclusive right to utilize public rights-of-way and parts thereof to install wireless communications facilities. The non-exclusive right is granted for a period of fifteen (15) years.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey