Town of Kearny, NJ Chapter 30 Fiber Optic Cable

§ 30-1 FINDINGS; PURPOSE.

[Ord. No. 2007-(O)-70]

The accelerated technological advancements in the fiber optic industries have dramatically increased the number of requests for approvals for use of the Town's roadways, other Town-owned property and, in some instances, for access to easements previously granted to public utilities for the purpose of installing overhead and/or underground connections, cables, conduits, wires and similar apparatus.

Review and implementation of such applications of necessity involve multiple departments of the Town in such typical functions as the supervision of street openings, the provision of additional police services to control traffic disruptions, and myriad inspections and also expose the Town to potential liability.

The Town desires to be supportive of the emerging technology that fiber optics offers to its users, but is also obligated to protect its taxpayers from additional expense.

The establishment of a standardized protocol for the processing of such applications and the imposition of reasonable fees will balance the needs of the fiber optic industry and of the Town and its taxpayers and will promote the public safety and welfare.

§ 30-2 APPLICATIONS; STANDARDS; FEES. [1]

[Ord. No. 2007-(O)-70; Ord. No. 2012-22]

a. All applications for the installation of conduits or fiber optic cables or for the connection to a public utility easement for such installations shall be submitted to the Town Clerk.

b. The applications shall be made on a standardized form, a copy of which is attached hereto as Exhibit A[2], and shall contain at least the following minimal information and exhibits:

1. A plat showing the proposed location of the conduit or fiber optic installation or connection.

2. A depiction showing whether the proposed installation is overhead or underground.

3. Copies of all third-party easements previously granted to a public utility which are proposed to be used or connected to.

4. Written consents for the use of such easements by the holder or owner of such easement.

[2] Exhibit A, referred to herein, is included as an attachment to this chapter.

c. The applicant shall submit with its application the following fees and documents:

1. A check in the amount of $500 payable to the Town of Kearny to cover the cost of review.

2. A certificate of insurance naming the Town as an additional insured for general liability coverage in the amount of at least $2,000,000 without a deductible.

3. An indemnification agreement in the form attached hereto as Schedule B[3], properly executed by the applicant which shall hold the Town, its officers, agents and employees harmless from any loss, claim, or damage arising out of the installation, connection, maintenance or use of the conduit or fiber optic cable to be installed by the applicant.

[3] Schedule B, referred to herein, is included as an attachment to this chapter.

4. In those cases where an easement for underground installation is approved by the Town, an agreement that the easement holder will permit the Town to use the holder's easement without consideration for the installation of fiber optic cable for Town operations, provided that such installation will not interfere with any fiber optic cable the easement holders may have previously installed in the easement area.

5. In any instance in which the holder of an existing easement requires that an applicant hereunder obtain Town approval or consent by ordinance, the applicant shall pay to the Town Clerk, in addition to the fee established by paragraph c,1 hereof, an ordinance fee of $200 which shall cover the cost of advertising the notice of adoption subsequent to adoption. (In the absence of any such requirement for an approval by ordinance, said approval shall be by resolution.)

d. The application shall be docketed by the Town Clerk and forwarded to the Town Engineer for review as to whether the proposed installation or connection is in conformity with accepted engineering practices, poses no threat to the health or safety of the residents of the Town and meets all of the requirements of the Town ordinances and codes and statutory enactments.

e. The Town Engineer in timely fashion shall transmit the application with any comments and recommendations to the Mayor and Council for its approval or disapproval.

f. No grant of approval authorized by this chapter shall be deemed to authorize the holder of such approval to use its telecommunications system within the Town to provide video programming services to customers.

g. Every grant of approval authorized by this chapter shall require the holder of said approval to comply with the Underground Facility Protection Act, P.L. 1994, c118 in the installation of its system and in providing notification of the location of its system when installed.

h. All applicants shall be responsible for compliance with any and all applicable Federal, State or local regulations, including the requirements of the Town's road opening permit requirements.

[1] Editor’s Note: Section 2 of Ord. No. 2020-25 stated that applications for any right-of-way permit governed by Ch. 39 shall no longer be required to apply for approval under Ch. 30, Fiber Optic Cable, of the Town Code.