Ordinance No. 11-27

Introduced: December 12, 2011
Public Hearing: January 23, 2012
Status: Adopted

An ordinance granting non-exclusive permission to co-locate conduit and related equipment and facilities within the public right-of-way of Sand Hill Road for the purpose of transmitting solar energy generated electricity from Lot 2.03 to Lot 1 in Block 141

WHEREAS, transmission facilities are co-located at various locations within the public rights-of-way of Vernon Township to facilitate the efficient and reliable distribution and provision of electrical, telecommunications and cable television services; and

WHEREAS, a solar generation facility is to be constructed on Block 141, Lot 2.03 to generate electricity for use at premises located at Block 141, Lot 1 on Sand Hill Road; and

WHEREAS the benefits of renewable energy sources and the local generation of electricity are well-known and a priority in this State and nation; and

WHEREAS, the right-of-way for Sand Hill Road is 66 feet wide and non-exclusive use in common with other utility providers to transmit electricity between Block 141, Lots 2.03 and 1 is consistent and appropriate.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council for the Township of Vernon, County of Sussex, State of New Jersey, as follows:

Section 1. Non-exclusive permission and consent is hereby granted for the Owner(s) of Lots 1 and 2.03 in Block 141, its successors and assigns, to construct and maintain the necessary poles, wires/cables, conduits, or other fixtures (“facilities”) in, upon, along, over or under the public right-of-way of Sand Hill Road for the purpose of transmitting solar generated electricity from Lot 2.03 to Lot 1, upon these conditions and restrictions:

  1. Permission is subject to existing usage and such rights that utilities may have to locate transmission facilities and appurtenant equipment within the public right-of-way of Sand Hill Road;
  2. Construction, maintenance, replacement and relocation of the transmission facilities and equipment shall be at the sole cost of the Owner;
  3. Said facilities shall be located and relocated in accordance with applicable standards, including, but not limited to, Township ordinances, at may be mutually agreed upon between Township and Owner. Underground conduits and associated facilities shall be placed at least eighteen (18) inches below the surface of the public right-of-way. Owner shall reimburse the Township for costs or fees incurred for engineering, legal or other review of its plans;
  4. Any area affected by Owner in constructing its facilities shall be restored to as good condition as it was before commencement of the work. The public street shall not be encumbered for a period longer than shall be reasonable to execute the work. Owner shall comply with Township Ordinance(s) and procedures regarding road openings and construction within the right-of-way;
  5. Owner shall indemnify and hold harmless the Township and its officials, agents, and employees, from any and against all demands, claims, suits, causes of action, damages, losses, penalties, and/or expenses, including attorney’s fees, caused by, resulting from, or arising out of performance of Owner’s work. The provisions of this Section shall not be interpreted to relieve the Township from liability to Owner or third parties in the event of joint or concurring negligence or fault of Owner 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;
  6. If the Sand Hill Road right-of-way is later taken over by the County of Sussex or the State of New Jersey, such 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;
  7. 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.
  8. Owner shall reimburse the Township for the cost to prepare and publish notice of this ordinance, and shall pay an annual administrative fee to the Township for its use of the Sand Hill right-of-way, as determined by the Township Council.

Section 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid by any court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance.

Section 3. This Ordinance shall take effect upon notice, publication and adoption as required by law.