[HISTORY: Adopted by the Township Council of the Township
of Little Falls as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-8-2013 by Ord
No. 1173]
The Municipal Council hereby grants permission and consents
to the nonexclusive use of its rights-of-way for a period of 15 years
by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc., which
term may be extended for additional periods of five years each, provided
that Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. provides
written notice to the Township prior to the expiration of the applicable
period that it is confirming the further extension with the Township.
Any extension shall be subject to any new regulations and/or restriction
enacted by the State of New Jersey and/or Township ordinance. The
nonexclusive grant shall in no way prevent or prohibit the Township
from using any of its roads, streets or other public properties or
affect its jurisdiction over them or any part of them, and the Township
shall retain power to make all necessary changes, relocations, repairs,
maintenance, establishment, improvement, and/or dedication of same
as the Township may deem fit, including the dedication, establishment,
maintenance, and improvement of all new rights-of-way, thoroughfares
and other public properties of every type and description.
The grant of the Township's public rights-of-way shall
be solely for the purpose of providing telecommunications service.
The telecommunications facilities to be installed in the public
rights-of-way shall be installed at the sole cost and expense of Cross
River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and shall be located
within the Township as set forth by the company in its request to
the Township.
All work conducted by Cross River Fiber, LLC d/b/a Cross River
Fiber, NJ, Inc. shall be in conformance with all applicable federal,
state, county and Township laws, ordinances, rules, regulations and
requirements for use and safety of the public rights-of-way and shall
comply with all federal, state, county and Township laws, ordinances,
rules, regulations and requirements, requiring permits, inspections,
and certificates prior to, during and at the completion of construction,
all as specifically set forth in a rights-of-way agreement to be executed
by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and the
Township.
Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. shall
maintain insurance coverage and provide indemnification to the Township
as specifically set forth in a rights-of-way agreement to be executed
by Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. and the
Township.
No part of the telecommunication system laid in the rights-of-way
may be abandoned by Cross River Fiber, LLC d/b/a Cross River Fiber,
NJ, Inc. without the express written consent of the Township. Any
plan of abandonment or removal must be first approved by the Township,
and all necessary permits must be obtained prior to such work.
Cross River Fiber, LLC d/b/a Cross River Fiber, NJ, Inc. shall
compensate the Township for its reasonable costs, not to exceed $2,500,
incurred for its professional, legal and engineering work and review
and other reasonable costs and services rendered by the Township in
connection with Cross River Fiber, LLC d/b/a Cross River Fiber, NJ,
Inc.'s request pursuant to N.J.S.A. 54:30A-124.
[Adopted 4-27-2015 by Ord. No. 2011]
The Municipal Council hereby grants permission and consents
to the nonexclusive use of its rights-of-way for a period of 15 years
by Lightower, which term may be extended for additional periods of
five years each, provided that Lightower provides written notice to
the Township prior to the expiration of the applicable period that
it is confirming the further extension with the Township. Any extension
shall be subject to any new regulations and/or restrictions enacted
by the State of New Jersey and/or Township ordinance. The nonexclusive
grant shall in no way prevent or prohibit the Township from using
any of its roads, streets or other public properties or affect its
jurisdiction over them or any part of them, and the Township shall
retain power to make all necessary changes, relocations, repairs,
maintenance, establishment, improvement, and/or dedication of same
as the Township may deem fit, including the dedication, establishment,
maintenance, and improvement of all new rights-of-way, thoroughfares
and other public properties of every type and description.
The grant of the Township's public rights-of-way shall
be solely for the purpose of providing telecommunications service.
The telecommunications facilities to be installed in the public
rights-of-way shall be installed at the sole cost and expense of Lightower
and shall be located within the Township as set forth by the company
in their request to the Township.
All work conducted by Lightower shall be in conformance with
all applicable federal, state, county and Township laws, ordinances,
rules, regulations and requirements for use and safety of the public
rights-of-way, and shall comply with all federal, state, county and
Township laws, ordinances, rules, regulations and requirements, requiring
permits, inspections, and certificates prior to, during and at the
completion of construction, all as specifically set forth in a rights-of-way
agreement to be executed by Lightower and the Township.
Lightower shall maintain insurance coverage and provide indemnification
to the Township as specifically set forth in a rights-of-way agreement
to be executed by Lightower and the Township.
No part of the telecommunication system laid in the rights-of-way
may be abandoned by Lightower without the express written consent
of the Township. Any plan of abandonment or removal must be first
approved by the Township, and all necessary permits must be obtained
prior to such work.
Lightower shall compensate the Township for its reasonable costs,
not to exceed $2,500, incurred for its professional, legal and engineering
work and review and other reasonable costs and services rendered by
the Township in connection with Lightower's request pursuant
to N.J.S.A. 54:30-124(a).