Township of Bloomfield, NJ Chapter 222 Fiber-Optic Cables

[HISTORY: Adopted by the Bloomfield Council 6-17-1996 (Ch. 122 of the 1987 Code). Amendments noted where applicable.]

§ 222-1 Findings; purpose; imposition of standards.

[Amended 6-2-1997]

The Township Council finds and determines as follows:

A. The Township of Bloomfield frequently receives requests from various business entities engaged in fiber-optic cable communications industry seeking the Township's approval for the use of Township streets, other municipally owned property and, in some instances, existing easements which previously have been granted by the Township 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 consideration.

B. Such requests appear to be a part of the beginning stages of the information super-highway network forecast for our country.

C. Requests of the kind described involve substantial review by the Engineering and Law Departments before approvals can be granted, often involve the excavation of Township streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience and also involve additional time and expense for inspection and expense arising out of potential liability.

D. The Township desires to be supportive of the emerging innovative technology that fiber-optic cable offers to its users, but not at the expense of burdening Township taxpayers.

E. The imposition of a reasonable fee for approvals, permits or subeasements which are approved and granted will balance the needs of the business and of the Township and its taxpayers and promote the public safety and welfare.

F. No grant of approval authorized by this chapter shall be deemed to authorize the holder of said approval to utilize its telecommunications system within the Township of Bloomfield to provide video programming services to customers.

G. Every grant of approval authorized by this chapter shall require the holder of said approval to comply with the Underground Facility Protection Act, P.L. 1994, c. 118 (N.J.S.A. 48:2-73 et seq.), in the installation of its system and in providing notification of the location of its system when installed.

§ 222-2 Application; enumeration of standards.

[Amended 6-2-1997]

In order to implement the purpose of this chapter, the application and the fee provided hereafter shall apply:

A. Every applicant for the installation of the fiber-optic cable or for the use of a public utility easement shall submit to the Township Engineer:

(1) A plat showing the proposed location of the fiber-optic 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 Township Engineer, after approval by the Township Council, will require as a condition thereof the following:

(1) Payment of an application fee payable to the Township of Bloomfield in the amount of $1,000, which shall include the cost for administration and any required permits.

(2) Payment of a review fee of $300 payable to the Township of Bloomfield for review and recommendation of the proposed construction plans.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3) A certificate of insurance naming the Township as an additional insured for general liability coverage in the amount of at least $2,000,000.

(4) An indemnification agreement, properly executed by the applicant, which shall hold the Township, 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 Township Attorney.

(5) In instances where an easement for underground installation is approved, an agreement that the easement holder will permit the Township to use the holder's easement without consideration for the installation of fiber-optic cable for the Township operations, provided that said installation will not interfere with any fiber-optic cable the easement holders may have previously installed in the easement area.

C. In any instances in which the holder of an existing easement requires that an applicant hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Municipal Clerk, in addition to the fee established in § 222-2B(2) hereof, an ordinance fee of $150, which 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, said approval shall be by resolution adopted by the governing body.

D. No grant of approval authorized by this chapter shall be deemed to authorize the holder of said approval to utilize its telecommunications system within the Township of Bloomfield to provide video programming services to customers.

E. Every grant of approval authorized by this chapter shall require the holder of said approval to comply with the Underground Facility Protection Act, P.L. 1994, c. 118, (N.J.S.A. 48:2-73 et seq.) in the installation of its system and in providing notification of the location of its systems when installed.