[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield 2-23-1995 by Ord. No. 1388. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 409.
Utility poles and underground facilities — See Ch. 449.
Cable television franchise — See Ch. A470.
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:
(1) 
Execution of the utility agreement for occupancy within municipal right-of-way which is attached hereto as Appendix A and made a part hereof.[1]
[1]
Editor's Note: Said agreement is on file in the Borough office.
(2) 
Payment of an annual permit fee in accordance with the following schedule. This fee shall commence on the 1st anniversary date of the utility agreement as set forth in Subsection B(1) and will be due and payable on that date every year thereafter.
(a) 
Aboveground installation: $0.50 per lineal foot; and
(b) 
Underground installation: $0.75 per lineal foot per year, provided that if the installation is located under publicly owned property (not a right-of-way), the fee shall be $1.75 per lineal foot per year.
C. 
These procedures shall not be applicable to Public Service Electric and Gas Company (PSE&G), Bell Atlantic, New Jersey (formerly New Jersey Bell Telephone Company) or the present or future holder of a cable television franchise granted by the Borough of South Plainfield.[2]
[2]
Editor's Note: See Ch. A470, Cable Television Franchise.