[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
8-9-2005 by Ord. No. 1660.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed and replaced former Ch.
204, Fiber Optic Cables, Installation of, adopted 10-9-2001 by Ord. No. 1542.
The Mayor and Council finds and determines as follows:
A.
The Borough of Middlesex frequently receives requests
from various business entities engaged in fiber optic and other cable communications
industries seeking the Borough's approval for the use of right-of-way,
streets, other municipally owned property and, in some instances, existing
easements which previously have been granted by the Borough to public utilities
for the purpose of installing overhead and/or underground cables, conduits,
wires and similar equipment. In the instances involving previously granted
easements granted to public utilities, such easements typically were granted
many years ago for nominal consideration.
B.
Such requests appear to be a part of the information
super-highway network forecast for our country.
C.
Requests of the kind described involve substantial review
by the Borough Engineer and Borough Attorney before approvals can be granted,
often involve the excavation of streets, the provision of additional police
services during installation with the concomitant disruption of traffic and
public inconvenience and also involve additional time and expense for inspection
and expense arising out of potential liability.
D.
The Borough desires to be supportive of the emerging
innovative technology that fiber optic and other cable offers to its users,
but not at the expense of burdening Borough taxpayers.
E.
The imposition of a reasonable annual fee for approvals,
licenses, permits or subeasements which are approved and granted will balance
the needs of the businesses and the Borough and its taxpayers and promote
the public safety and welfare.
In order to implement the purposes of this chapter, the application
process and license or permit fee schedule provided hereafter shall apply.
A.
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) a plat showing the proposed location of the fiber optic
or proposed installation; b) a depiction indicating whether the proposed installation
is overhead or underground; c) copies of all easements proposed to be used
which have previously been granted to utilities; and d) all consents for the
use of any such easements by the applicable utilities.
B.
Every application recommended for approval by the Borough
Engineer, if approved by the Mayor and Council, will require as a condition
thereof the following:
(1)
Payment of a permit fee in accordance with the following
schedule:
(a)
Aboveground installation: $0.50 per lineal foot.
(b)
Underground installation: $0.75 per lineal foot per year,
provided that, if the installation is located under publicly owned property
(not a right-of-way), the fee shall be $1.75 per lineal foot per year.
(c)
In no event shall the fee be less than $500.
(d)
An engineering and legal professional escrow for review
of at least $750, or more, as determined by the Borough Administrator.
(2)
An annual renewal fee payable to the Finance Department
on July 1 of each subsequent fiscal year of $0.019/linear foot, with a minimum
of $500.
(3)
A certificate of insurance naming the Borough as an additional
insured for general liability coverage in the amount of at least $2,000,000.
(4)
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.
(5)
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.
(6)
An agreement that the applicant 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.
C.
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.
D.
In any instance in which the holder of an existing easement requires that an applicant for 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 by § 204-2B hereof, an ordinance fee of $150; and:
E.
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.
F.
These procedures shall not be applicable to existing
easements previously grant to Public Service Electric and Gas Company (PSE&G),
Verizon - New Jersey or to existing easements previously granted to or obtained
by the present or future holder of a cable television franchise grant by the
Borough of Middlesex.
