[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 2-23-1995 by Ord. No. 1388. Amendments
noted where applicable.]
A.
Various
companies propose to provide a fiber optic telecommunications network
in accordance with the applicable regulations of the Federal Communications
Commission and the New Jersey Board of Public Utilities; and
B.
In furtherance
of said proposal these companies request permission from the Borough
to install their facilities on, in, over or under the roads and rights-of-way
of the Borough of South Plainfield or in the telephone, electric or
cable conduits and poles in the public right-of-way through agreements
with other utility companies;
C.
Requests
of this kind involve substantial review by various departments of
the Borough before approvals can be granted, 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 also involve additional time and expense for inspection
and expense arising out of potential liability; and
D.
The Borough
desires to be supportive of the emerging innovative technology fiber
cable offers to its users, but not at the expense of burdening Borough
taxpayers; and
E.
The imposition
of a reasonable annual fee for approvals, permits or subeasements
which are approved and granted will balance the needs of the businesses
and of the Borough and its taxpayers.
The following procedures shall apply to those companies requesting
permission to install facilities within the Borough:
A.
Every applicant
for the use of a public utility easement or for the installation of
fiber optic cable shall submit to the Borough 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; and
(4)
All
consents for the use of such easements by the applicable utilities.
B.
Every application
recommended for approval by the Borough Engineer, if approved by Council,
will require as a condition thereof the following:
