[HISTORY: Adopted by the Township Committee of the Township
of Mullica 7-27-2021 by Ord. No. 9-2021. Amendments noted where applicable.]
Permission and authority are hereby granted to Cross River and
its successors a non-exclusive municipal consent to use existing utility
poles and replacement poles which are of a size and type equal to
the poles being replaced and erected by parties that have the lawful
right through municipal consent and the approval of the New Jersey
Board of Public Utilities to maintain poles within the public right-of-way
in the Township of Mullica for the construction, installation, operation,
repair, maintenance and replacement of a fiber optic telecommunications
system subject to the following conditions:
A.
Cross River and its successors shall adhere to all applicable Federal,
State, and Local laws regarding safety requirements related to the
use of the public right-of-way.
B.
Cross River and its successors shall:
(1)
Comply with all applicable Federal, State, and Local laws requiring
permits prior to beginning construction, and shall obtain any applicable
permits that may be required by the Township of Mullica, by the Township
of Mullica Development Ordinances, or by the New Jersey Pinelands
Commission;
(2)
Provide the Township of Mullica Construction Official/Code Enforcement
Officer and Township of Mullica Township Engineer with the location
of each pole and/or conduit upon or in which fiber optic facilities
are proposed to be placed together with the pole identification number,
the identity of the owner of pole and Geographic Information System
(GIS) map;
(3)
Not install on any pole or in any conduit any device other than a
fiber optic attachment which is of the size and type described in
Exhibit A;
C.
Cross River shall not install any new poles of replacement wood poles
that are taller than the existing utility pole being replaced, nor
install replacement utility poles made of steel or other non-wood
material to replace an existing pole.
D.
This grant of municipal consent is not to be construed as authorizing
the erection of any new pole within the right of way nor is it to
be construed as authorizing Cross River to attach to any pole, structure,
or other facility owned by or under the control of the Township of
Mullica or ant third party other than a New Jersey public utility
from which consent to attach to such pole has been granted in writing.
E.
Notwithstanding anything to the contrary contained herein, Cross
River shall adhere to the terms and conditions of the underlying easement
granted to the owner of the pole by the owner of the underlying soil,
and Cross River shall not overburden any existing easement.
F.
Nothing contained herein shall pre-empt or in any way preclude or
constitute a waiver of the Township's exercise of its planning
or zoning powers under the New Jersey Municipal Land Use Law or other
applicable law relative to the placement, regulation, zoning, or suitability
of such structures within the Township.
G.
This grant of municipal consent is limited exclusively to Cross River
for its own equipment to provide services to customers using the Cross
River network. The consent from the municipality shall not be used
by Cross River to construct infrastructure to be leased to others
nor assigned by Cross River to any third party.
H.
This municipal consent is hereby given upon the further condition
and provision that Cross River, and its successors, shall to the fullest
extent permitted by law, defend, pay on behalf of, indemnify, and
hold harmless the Township of Mullica, its elected and appointed officials,
its agents, employees and volunteers, the Atlantic County Joint Insurance
Fund, and others working on behalf of the Township of Mullica from
and against any and all claims, demands, suits, or loss, including
all legal and professional fees, costs and any other expenses connected
therewith, and for any damages which may be asserted claimed or recovered
against or from the Township of Mullica, its elected and appointed
officials, its agents, employees, volunteers, the Atlantic County
Joint Insurance Fund, or others working on behalf of the Township
of Mullica by reason of personal injury, including bodily injury or
death and/or property damage, including loss of use thereof, which
arises out of or is in any way connected or associated with this consent,
except to the extent resulting solely from the acts or omissions of
the Township of Mullica. Cross River shall, at its own cost and expense,
maintain commercial general liability insurance in the minimum amount
of $5,000,000 combined single limit per occurrence, and automobile
insurance with combined single limits of $2,000,000 for bodily injury
(including death) and property damage each occurrence, and Workers
Compensation insurance in compliance with the statutory requirements
of the State of New Jersey. The Township of Mullica, its elected and
appointed officials, its agents, employees, volunteers, the Atlantic
County Joint Insurance Fund, and others working on behalf of the Township
of Mullica shall be included as an "Additional Insured" as their interests
may appear under this municipal consent resolution on all general
liability policies; and Cross River shall provide the Township of
Mullica Township Clerk with certificates of insurance (which shall
be maintained and kept current at all times during the period of this
municipal consent and which shall provide for not less than 30 days'
notice in the event of cancellation or termination; and shall also
provide a copy of the Additional Insured Endorsement to such policies.
Nothing in this section shall limit Cross River's liability in
any way.
I.
Cross River shall be responsible for the repair of any damage to
paving, existing utility lines, or any surface or subsurface installations,
arising from its construction, installation, or maintenance of its
facilities.
J.
Cross River shall pay to the Township of Mullica the sum of $1,500
to cover the administrative expenses incurred by the Township for
legal, engineering and risk management expenses and cost of publication.
K.
Cross River and its successors shall file with the Clerk of the Township
of Mullica true and complete copies of all agreements between Cross
River and the owner(s) of the poles to which Cross River proposes
to attach.
L.
The permission and authority hereby granted shall continue for a
term of 25 years and subject to continuation of a municipal consent
by the Township of Mullica granted to those parties whose poles Cross
River is using and, to the extent required, approval of such municipal
consent by the New Jersey Board of Public Utilities (or its successor
agency).
M.
The Mayor and the Township Clerk are authorized to execute and deliver
such documents as necessary to effectuate this grant of municipal
consent.
N.
Upon final passage the Township Clerk shall send certified copies
of this Ordinance to Cross River, the New Jersey Board of Public Utilities,
and the New Jersey Pinelands Commission.
O.
Cross River shall submit this Ordinance to the New Jersey Board of
Public Utilities and shall provide the Township Clerk and Township
Attorney with a copy of all applications filed with the New Jersey
Board of Public Utilities; and shall include the Township Clerk and
Township Attorney on the Service List for all such filings.
