[Adopted 9-19-2007 by Ord. No. 20-2007]
The Mayor and Council finds and determines as follows:
A. 
The Borough of North Haledon frequently receives requests from various business entities engaged in fiber optic and other cable communications industries seeking the Borough's approval for the use of rights-of-way, streets, other municipally owned property and, in some instances, existing easements which previously have been granted by the Borough to public utilities for the purpose of installing overhead and/or underground cables, conduits, wires and similar equipment.
B. 
Such requests appear to be a part of the information superhighway network forecast for our country.
C. 
Requests of the kind described involve substantial review by the Borough Engineer and Borough Attorney before approvals can be granted, often involve the excavation of 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 Borough desires to be supportive of the emerging innovative technology that fiber optic and other cable offers to its users, but not at the expense of burdening Borough taxpayers.
E. 
The imposition of a reasonable annual fee for approvals, licenses, permits or subeasements which are approved and granted will balance the needs of the businesses and the Borough and its taxpayers and promote the public safety and welfare.
In order to implement the purposes of this article, the application process and license or permit fee schedule provided hereafter shall apply.
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:
(1) 
A plat showing the proposed location of the fiber optic or proposed 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 any such easements by the applicable utilities.
B. 
Every application recommended for approval by the Borough Engineer, if approved by the Mayor and Council, will require as a condition thereof the following:
(1) 
Payment of a permit fee in accordance with the schedule set forth in Chapter 275, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
An annual renewal fee, payable to the Borough on July 1 of each subsequent fiscal year, as set forth in Chapter 275, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
A certificate of insurance, naming the Borough 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 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.
(5) 
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.
(6) 
An agreement that the applicant 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 pairs per cable) to the Borough for its use and the use of any other governmental and quasi-governmental entities approved by the Borough.
C. 
No license or permit issued hereunder shall be valid for a period of more than the lesser 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 license or permit hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Construction Official, in addition to the fee established by Subsection B hereof, an ordinance fee as set forth in Chapter 275, Fees, and:
[Amended 10-15-2014 by Ord. No. 22-2014]
(1) 
The cost of advertising the ordinance prior to adoption; and
(2) 
The cost of advertising the notice of adoption of the ordinance.
E. 
In the event that the fiber optic or other cable installation interferes with a 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.
F. 
These procedures shall not be applicable to existing easements previously granted to Public Service Electric and Gas Company (PSE&G), Verizon - New Jersey, or to existing easements previously granted to or obtained by the present or future holder of a cable television franchise grant by the Borough of North Haledon.
G. 
Any underground installation of fiber optic cable, where applicable, shall be required to comply with the street opening requirements set forth in this Chapter 523 of the Code of the Borough of North Haledon to the satisfaction of the Borough Engineer.