[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1581 (§ 4-18 of the 1987 Code).
Amendments noted where applicable.]
A.
The Borough of Highland Park has recently received
and/or expects to receive multiple requests from entities engaged
in the telecommunications business seeking the Borough's permission
to use the Borough right-of-way, Borough streets, and/or existing
easements previously granted by the Borough, the public utilities
for the purpose of installing fiber optic cable either overhead on
existing utility poles or within underground conduits. The Borough
is desirous of being supportive of this emerging innovative technology
creating and expanding an information superhighway and desires to
establish an uniform mode of dealing with such requests.
B.
These requests from telecommunications providers require
substantial review by Borough officials, including its Engineering
and Public Works Departments, before permission can be granted since
it will often involve the excavation of Borough streets, placement
of construction vehicles partially blocking traffic on the Borough
streets, and the need for additional police services during inspection
of the construction. For those purposes, the imposition of an administrative
fee geared to the magnitude of the installation, constitutes an appropriate
balance between the needs of the telecommunications provider and of
the Borough to protect and promote the public safety and welfare of
its inhabitants.
A.
Every applicant for installation of fiber optic cable
or other telecommunication device desired to be installed either within
an existing public utility easement or on public property or public
right-of-way located within the Borough shall submit to the Borough
Clerk:
(1)
Three copies of a plat showing the proposed location
of the fiber optic cable installation;
(2)
A depiction or narrative indicating whether the proposed
installation is overhead or underground;
(3)
Copies of any and all easements proposed to be used
which have previously been granted to other utilities and assigned
to the applicant; and
(4)
Any agreement by the prior utility to allow concurrent
use of the existing easement.
B.
Every application, once completed, shall be reviewed
and a report prepared by the Borough Engineer for submission to the
Borough Council for final action. Each applicant must be accompanied
by a check made payable to the Borough in the amount of $500 per lineal
mile (or part thereof) in which the fiber optic cable is to be installed.
The application shall also be accompanied by a certificate of insurance
in the amount of at least $1,000,000 in general liability coverage
which names the Borough as an additional insured on that policy as
well as a form of indemnification agreement, approved as to form by
the Borough Attorney, which will hold the Borough and its officials,
harmless from any loss, claim or damage arising out of the installation
maintenance or use of the fiber optic cable to be installed by the
applicant.
The regulations established herein shall not
be applicable to existing utility companies paying a gross receipts
tax to the State of New Jersey or to any entity paying a franchise
fee, pursuant to statute, as a cable television provider within the
Borough.
