8A-1.1. 
Findings. The Borough of Carlstadt finds and determines that as follows:
a. 
The borough frequently receives requests from various business entities engaged in the fiber optic cable communications industry seeking the borough's approval for the use of borough streets, other borough owned property and, in some instances, existing easements which previously have been granted by the borough to public utilities for the purpose of installing overhead and/or underground cables, conduits, wires and similar equipment. In the instances involving previously granted easements granted to the public utilities, such easements typically were granted many years ago for nominal considerations.
b. 
Requests of the kind described involve substantial review by the engineering and law departments before approvals can be granted and often involve the excavation of borough streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience and additional time and expense for inspection and expense arising out of potential liability.
c. 
The borough desires to be supportive of the emerging innovative technology that fiber optic cable offers to its users, but not at the expense of burdening borough taxpayers. The imposition of a reasonable fee for approvals, permits or sub-easements which are approved and granted will balance the needs of the business and of the borough and its taxpayers and promote the public safety and welfare.
8A-1.2. 
Purpose. Such requests appear to be a part of the beginning stages of the information super highway network forecast for our country.
8A-2.1. 
Application. Every applicant for the installation of the fiber optic cable or for the use of a public utility easement shall submit to the borough engineer the following:
a. 
A plat showing the proposed location of the fiber optic cable installation.
b. 
A depiction indicating whether the proposed installation is overhead or underground.
c. 
Copies of all easements proposed to be used which have previously been granted to utilities.
d. 
All consents for the use of any such easements by the applicable utilities.
8A-2.2. 
Fees and Indemnification Agreement. Every application recommended for approval by the borough engineer, after approval by the borough council, will require as a condition thereof the following:
a. 
Application Fee. Payment of an application fee payable to the borough in the amount set forth in subsection 4-3.1, which shall include the cost for administration and any required permits.
b. 
Review Fee. Payment of a review fee as set forth in subsection 4-3.1, payable to the borough, for review and recommendation of the proposed construction plans.
c. 
Certificate of Insurance. A certificate of insurance naming the borough as an additional insured for general liability coverage in the amount of at least $2,000,000.
d. 
Indemnification Agreement. An indemnification agreement, properly executed by the applicant, which shall hold the borough, its officers, agents and employees harmless from any loss, claim or damage arising out of the installation, maintenance or use of the fiber optic cable installed by the applicant. The form of such agreement to be approved by the borough attorney.
8A-3.1. 
Underground Installation. In instances where an easement for underground installation is approved, an agreement that the easement holder will permit the borough to use the holder's easement without consideration for the installation of fiber optic cable for the borough operations, provided that such installation will not interfere with any fiber optic cable the easement holders may have previously installed in the easement area.
8A-3.2. 
Approval by Ordinance; Additional Fee. Any instances in which the holder of an existing easement requires that an applicant hereunder obtain borough approval or consent by ordinance, the applicant shall pay to the borough clerk in addition to the fees described in subsection 8A-2.2, an ordinance fee as set forth in subsection 4-3.1 shall cover the cost of advertising the ordinance prior to adoption and the cost of advertising the notice of adoption of the ordinance subsequent to adoption. In the absence of any such requirement for an approval by ordinance such approval shall be by resolution adopted by the borough council.
8A-4.1. 
Exception. No grant of approval authorized by this chapter shall be deemed to authorize the holder of such approval to utilize its telecommunications system within the borough to provide video programming services to customers.
8A-4.2. 
Notification. Every grant of approval authorized by this chapter shall require the holder of such approval to comply with the "Underground Faculty Protection Act", in the installation of its system and in providing notification of the location of its system when installed.