[HISTORY: Adopted by the Mayor and Council of the Borough of South River 5-16-2005 by Ord. No. 2005-20. Amendments noted where applicable.]
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 the following items:
A plat showing the proposed location of the fiber optic or other cable installation.
A depiction indicating whether the proposed installation is overhead or underground.
Copies of all easements proposed to be used which have previously been granted to utilities.
All consents for the use of any such easements by the applicable utilities.
Every application recommended for approval by the Borough Engineer, if approved by the Council, will require as a condition thereof, the following:
Payment of permit fees in accordance with the fee schedule hereinafter set forth.
A certificate of insurance naming the Borough as an additional insured for general liability coverage in the amount of at least $2,000,000.
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.
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.
No license or permit issued hereunder shall be valid for a period of more than the less 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.
In any instance in which the holder of an existing easement requires that an applicant for a license or permit hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Borough Clerk, in addition to the fee established, a fee as provided in Chapter 155, Fees; and the cost of advertising the ordinance prior to adoption and the cost of advertising notice of adoption of the ordinance.
In the event that the fiber optic or other cable installation interferes with the 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.
These procedures shall not be applicable to existing easements previously granted to Public Service Electric and Gas Company (PSE&G), Verizon (formerly known as Bell Atlantic-New Jersey) 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 South River.
Fees shall be as provided in Chapter 155, Fees.
Every application approved by the Borough Council will require as a condition thereof that an agreement be entered with the applicant that will provide a minimum of six pairs of strands in each fiber optic cable (i.e., if a cable contains 48 strands and two cables are run, the Borough will have the use of 12 pairs of strands, six pair per cable) to the Borough for its use and the use of any other governmental and quasi-governmental entities approved by the Borough.