[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
In order to implement the purposes of this chapter, the application
process and license or permit fee schedule provided hereafter shall
apply.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
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:
a.
An engineering and legal professional escrow for review of at least
$3,000, or more, as determined by the Borough Administrator in consultation
with the Borough Engineer;
b.
A plat showing the proposed location of the fiber optic or proposed
installation;
c.
A depiction indicating whether the proposed installation is overhead
or underground;
d.
Copies of all easements proposed to be used which have previously
been granted to utilities; and
e.
All consents for the use of any such easements by the applicable
utilities.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
Every application recommended for approval by the Borough Engineer,
if approved by the Mayor and Council, will require as a condition
thereof the following:
a.
Payment of a one-time permit fee of $2,500 payable to the Borough
of Milltown.
b.
A certificate of insurance naming the Borough as an additional insured
for general liability coverage in the amount of at least $2,000,000.
c.
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.
d.
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.
e.
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., c. 118 (N.J.S.A. 48:2-73, et seq.) in the installation
of its system and in providing notification of its system when installed.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
Any underground installation of fiber optic cable, where applicable, shall be required to comply with the street opening requirements set forth in Chapter 23, Streets and Sidewalks, § 23-1, Street Openings and Excavations; Permits, of the Borough Code to the satisfaction of the satisfaction of the Supervisor of the Department of Public Works.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
a.
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.
b.
Any license
or permit issued hereunder, or any easement previously granted to
utility pursuant to Title 48 of the New Jersey Statutes, may be extended
for one or more additional period(s) of not more than 10 years at
any one time. A renewal request must be made in writing to the Mayor
and Council at least six months prior to the expiration of the term;
and must include a renewal fee of $500.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
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.
[Added 8-17-2020 by Ord. No. 20-1489; amended 10-26-2020 by Ord. No.
2020-1491]
These procedures shall not be applicable to existing easements
previously granted to any entity by the Borough of Milltown, or to
existing easements previously granted to or obtained by the present
or future holder of a cable television franchise granted by the Borough
of Milltown.
