Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Little Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-2013 by Ord No. 1173]

§ A283-1 Grant of permission.

The Municipal Council hereby grants permission and consents to the nonexclusive use of its rights-of-way for a period of 15 years by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc., which term may be extended for additional periods of five years each, provided that Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. provides written notice to the Township prior to the expiration of the applicable period that it is confirming the further extension with the Township. Any extension shall be subject to any new regulations and/or restriction enacted by the State of New Jersey and/or Township ordinance. The nonexclusive grant shall in no way prevent or prohibit the Township from using any of its roads, streets or other public properties or affect its jurisdiction over them or any part of them, and the Township shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, and/or dedication of same as the Township may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, thoroughfares and other public properties of every type and description.

§ A283-2 Condition of grant of public street rights-of-way.

The grant of the Township's public rights-of-way shall be solely for the purpose of providing telecommunications service.

§ A283-3 Location of facilities.

The telecommunications facilities to be installed in the public rights-of-way shall be installed at the sole cost and expense of Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and shall be located within the Township as set forth by the company in its request to the Township.

§ A283-4 Work in rights-of-way.

All work conducted by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. shall be in conformance with all applicable federal, state, county and Township laws, ordinances, rules, regulations and requirements for use and safety of the public rights-of-way and shall comply with all federal, state, county and Township laws, ordinances, rules, regulations and requirements, requiring permits, inspections, and certificates prior to, during and at the completion of construction, all as specifically set forth in a rights-of-way agreement to be executed by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and the Township.

§ A283-5 Insurance and indemnification.

Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. shall maintain insurance coverage and provide indemnification to the Township as specifically set forth in a rights-of-way agreement to be executed by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and the Township.

§ A283-6 Abandonment and removal of telecommunication facilities.

No part of the telecommunication system laid in the rights-of-way may be abandoned by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. without the express written consent of the Township. Any plan of abandonment or removal must be first approved by the Township, and all necessary permits must be obtained prior to such work.

§ A283-7 Payment of reasonable costs.

Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. shall compensate the Township for its reasonable costs, not to exceed $2,500, incurred for its professional, legal and engineering work and review and other reasonable costs and services rendered by the Township in connection with Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc.'s request pursuant to N.J.S.A. 54:30A-124.
[Adopted 4-27-2015 by Ord. No. 2011]

§ A283-8 Grant of permission.

The Municipal Council hereby grants permission and consents to the nonexclusive use of its rights-of-way for a period of 15 years by Lightower, which term may be extended for additional periods of five years each, provided that Lightower provides written notice to the Township prior to the expiration of the applicable period that it is confirming the further extension with the Township. Any extension shall be subject to any new regulations and/or restrictions enacted by the State of New Jersey and/or Township ordinance. The nonexclusive grant shall in no way prevent or prohibit the Township from using any of its roads, streets or other public properties or affect its jurisdiction over them or any part of them, and the Township shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, and/or dedication of same as the Township may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, thoroughfares and other public properties of every type and description.

§ A283-9 Condition of grant of public street rights-of-way.

The grant of the Township's public rights-of-way shall be solely for the purpose of providing telecommunications service.

§ A283-10 Location of facilities.

The telecommunications facilities to be installed in the public rights-of-way shall be installed at the sole cost and expense of Lightower and shall be located within the Township as set forth by the company in their request to the Township.

§ A283-11 Work in rights-of-way.

All work conducted by Lightower shall be in conformance with all applicable federal, state, county and Township laws, ordinances, rules, regulations and requirements for use and safety of the public rights-of-way, and shall comply with all federal, state, county and Township laws, ordinances, rules, regulations and requirements, requiring permits, inspections, and certificates prior to, during and at the completion of construction, all as specifically set forth in a rights-of-way agreement to be executed by Lightower and the Township.

§ A283-12 Insurance and indemnification.

Lightower shall maintain insurance coverage and provide indemnification to the Township as specifically set forth in a rights-of-way agreement to be executed by Lightower and the Township.

§ A283-13 Abandonment and removal of telecommunication facilities.

No part of the telecommunication system laid in the rights-of-way may be abandoned by Lightower without the express written consent of the Township. Any plan of abandonment or removal must be first approved by the Township, and all necessary permits must be obtained prior to such work.

§ A283-14 Payment of reasonable costs.

Lightower shall compensate the Township for its reasonable costs, not to exceed $2,500, incurred for its professional, legal and engineering work and review and other reasonable costs and services rendered by the Township in connection with Lightower's request pursuant to N.J.S.A. 54:30-124(a).