[Added 8-5-2020 by Ord. No. 6PSF-D, 08-05-2020]
a.
Template Street Use Agreement. The City Council may adopt an agreement template authorizing use and occupancy of the streets with communications facilities, which agreement shall satisfy the requirements of Section 29:5-6b. The Director is authorized, with the agreement of Corporation Counsel, and subject to any necessary action that may be required under state law, to execute an agreement with any person in substantially the form approved. Modifications that limit the scope of the grant are not considered substantial. No agreement shall relieve any person from the obligation to obtain all necessary permits and approvals including permits required under Section 29:28-2, and pay all applicable fees, required by applicable state, local, and federal law. No contract or permit given by the City under this chapter shall be interpreted to grant a person, an exclusive franchise, license, consent, permit, or final approval for access and use of the streets. Where a person seeks to provide video services, they must separately obtain a franchise as provided under state and local laws governing the provision of video services.
b.
Application for Agreement. A person seeking to use and occupy any street in the City with a communications facility, shall submit an application to the Director, on forms adopted by the Director. The applicable forms will be on file with the Office of the City Clerk and may be amended or replaced at any time. In the absence of such form, submit a letter clearly requesting an agreement to for use and occupancy of the streets, identifying, at a minimum, the name of the applicant, status of the applicant (i.e. corporation, general partnership, limited partnership, etc.), the address in the state of domicile, and local address, if any; a copy of any authorization, if required by state law, necessary for the provider to act as a public utility according to the statutes of the State of New Jersey regulating public utilities; a detailed description of the proposed use of the streets, the type of services intended to be provided, and (if available) detailed maps and technical drawings of proposed installations. If the template agreement then in effect is acceptable to the applicant, it shall so indicate in their application; otherwise, a specific list of requested changes, with detailed explanations for each, shall be included with any application. If applicant claims that an application must be acted on within a specified period of time, it shall identify the period of time and the statute or regulation upon which the claim is based. Without limitation, in addition to any grounds the City may specify in its review of the application, if, by the date the City is required to act on an application, as that date may be extended, an agreement has not been signed by all parties, the application shall be deemed denied without prejudice for applicant's failure to timely enter into an agreement with the City.
c.
Fees for Application. Each person seeking a franchise, license or consent to use the streets under this Title XXIX shall pay a deposit, in the amount of $5,000 to cover the City's initial costs in reviewing and processing the request. Payment shall be made by depositing $5,000 with the Department of Engineering with the initial application for agreement prescribed in subsection b of this section. The City may draw from the deposit account after providing the applicant written notice of the reasonable costs to paid from the account. Applicants shall be responsible for payment of such additional reasonable costs as the City may incur in reviewing the application. Such reasonable costs may include, but are not limited to, internal staff time, and reasonable costs associated with the retention of outside counsel and consultants to provide additional expertise where needed. In the event such additional expenses are required, the City shall so advise the applicant. Any outstanding amount shall be due upon final action on the application and must be paid prior to the City's execution of any franchise, license or consent under this Title XXIX. Any amounts not expended in the review, excluding a reasonable, estimated share of the City's costs in developing the agreement, shall upon written request to the City be returned to the applicant.
d.
Processing of Application. Applications will be processed in accordance with applicable law and may be rejected if incomplete. Where an applicant is not willing to enter into the template agreement, the Director may deny the application, or recommend an alternative agreement to the City where applicant has shown good cause to the Director for modifying the agreement. Provided that applicant may be required to pay additional fees reflecting the costs to the City consistent with the provisions of subsection c of this section.