[HISTORY: Adopted by the Mayor and Council of the Borough of South
River 5-16-2005 by Ord. No. 2005-20. Amendments
noted where applicable.]
A.
Every applicant for the installation of fiber optic or
other cable or for the use of a public utility easement shall submit to the
Borough Engineer the following items:
(1)
A plat showing the proposed location of the fiber optic
or other cable installation.
(2)
A depiction indicating whether the proposed installation
is overhead or underground.
(3)
Copies of all easements proposed to be used which have
previously been granted to utilities.
(4)
All consents for the use of any such easements by the
applicable utilities.
B.
Every application recommended for approval by the Borough
Engineer, if approved by the Council, will require as a condition thereof,
the following:
(1)
Payment of permit fees in accordance with the fee schedule
hereinafter set forth.
(2)
A certificate of insurance naming the Borough as an additional
insured for general liability coverage in the amount of at least $2,000,000.
(3)
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 said
agreement to be approved by the Borough Attorney.
(4)
An agreement that the easement holder will permit the
Borough to use the holder's easement without consideration for the installation
of fiber optic or other cable for Borough operations, provided that said installation
will not interfere with any fiber optic or other cable the easement holders
may have previously installed in the easement area.
C.
No license or permit issued hereunder shall be valid
for a period of more than the less of 10 years or, if applicable, the balance
of the term of an easement previously granted to a utility pursuant to Title
48 of the New Jersey Statutes.
D.
In any instance in which the holder of an existing easement requires that an applicant for a license or permit hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Borough Clerk, in addition to the fee established, a fee as provided in Chapter 155, Fees; and the cost of advertising the ordinance prior to adoption and the cost of advertising notice of adoption of the ordinance.
E.
In the event that the fiber optic or other cable installation
interferes with the planned municipal installation, the subject fiber optic
or other cable shall be relocated by its owner in an expeditious manner within
the right-of-way to a location approved by the Borough at no cost to the Borough.
The owner of the fiber optic or other cable shall not pay any additional fee
to the Borough due to the relocation.
G.
These procedures shall not be applicable to existing
easements previously granted to Public Service Electric and Gas Company (PSE&G),
Verizon (formerly known as Bell Atlantic-New Jersey) or to existing easements
previously granted to or obtained by the present or future holder of a cable
television franchise granted by the Borough of South River.[2]
Fees shall be as provided in Chapter 155, Fees.
Every application approved by the Borough Council will require as a
condition thereof that an agreement be entered with the applicant that will
provide a minimum of six pairs of strands in each fiber optic cable (i.e.,
if a cable contains 48 strands and two cables are run, the Borough will have
the use of 12 pairs of strands, six pair per cable) to the Borough for its
use and the use of any other governmental and quasi-governmental entities
approved by the Borough.
