[1967 Code § 7-8.1]
The Borough Council finds and determines as follows:
a. The Borough of Pitman frequently received requests from various business
entities engaged in fiber optic cable and wireless communications
industries seeking the Borough's approval for the use of Borough
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 wireless
devices 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 superhighway network forecast for our country.
c. Requests of the kind described involve substantial review by the
Borough's Engineer and Solicitor before approvals can be granted,
may 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.
d. The Borough desires to be supportive of the engineering innovative
technology that fiber optic cable and wireless technology and similar
telecommunication devices offered to its users, but not at the expense
of burdening Borough 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 Borough and its taxpayers and promote the public safety
and welfare.
f. No grant of approval authorized by this section shall be deemed to
authorize the holder of said approval to utilize its telecommunications
system within the Borough of Pitman to provide video programming services
to customers.
g. Every grant of approval authorized by this section shall require,
if necessary, the holder of said approval to comply with the Underground
Facility Protection Act, N.J.S.A. 48:2-73 et seq.; the Federal Communication
Commission; and the New Jersey Board of Public Utilities, in the installation
of its system/devices and in providing notification of the location
of its system/devices when installed.
[1967 Code § 7-8.2]
In order to implement the purpose of this section, the application
and the fee provided hereafter shall apply:
a. Every applicant for the installation of the fiber optic cable, wireless
devices or other telecommunications devices 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 cable or
wireless device 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 easements by the applicable utilities.
b. Every application recommended for approval by the Borough Engineer,
after approval by the Borough Council, will require as a condition
thereof the following:
1. Application fee in the amount of $500.
2. Payment of an escrow fee payable to the Borough of Pitman in the
amount of $1,000, which shall include the cost for review and recommendation
of the proposed construction/installation plans and administration
and any required permits.
3. A certificate of insurance naming the Borough as an additional insured
for general liability coverage in the amount of at least one million
($1,000,000.00) dollars.
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 and/or wireless telecommunications
devices installed by the applicant, the form of said agreement to
be approved by the Borough Solicitor.
5. Payment of a reasonable annual right-of-way use fee as may be agreed
between the parties.
6. In instances where an easement is approved, an agreement that the
easement holder will permit the Borough to use the holder's easement
without consideration for the installation of fiber optic cable and/or
wireless devices for the Borough operations, provided that said installation
will not interfere with any fiber optic cable or wireless device 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 as previously stated herein, an ordinance fee,
which shall cover the cost of advertising the ordinance prior to adoption,
reasonable legal fees 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 section shall be deemed to
authorize the holder of said approval to utilize its telecommunications
system within the Borough of Pitman to provide video programming services
to customers.