[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank 8-14-2013 by Ord. No. 2013-17. Amendments noted where applicable.]
In order to implement the purposes of this chapter, the application process and license or permit fee schedule provided hereafter shall apply.
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 plat showing the proposed location of the fiber optic or proposed 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; and
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 Mayor and Council, will require as a condition thereof the following:
Payment of a permit fee in accordance with the following schedule:
Aboveground installation: $0.50 per lineal foot.
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.
In no event shall the fee be less than $500.
An engineering and legal professional escrow for review of at least $750, or more, as determined by the Borough Administrator. Any additional escrow to be paid will be determined, in part, based upon the number of easements on each particular road where the installation will be installed, and each road shall be considered a new application.
An annual renewal fee payable to the Finance Department on July 1 of each subsequent fiscal year of $0.019 per linear foot, with a minimum of $500.
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.
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.
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.
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.
These procedures shall not be applicable to existing easements previously granted to New Jersey Natural Gas, Jersey Central Power & Light, Verizon, or to any other entity, 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 Red Bank.
Any underground installation of fiber optic cable, where applicable, shall be required to comply with the street opening requirements set forth in Chapter 608, Streets and Sidewalks, Article IX, Excavations and Openings in Streets, of the Borough Code to the satisfaction of the satisfaction of the Director of Public Utilities.