Essex County, NJ
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Essex County Board of Chosen Freeholders as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-2013 by Ord. No. O-2013-0004]

§ 130-1 Application requirements; fees; insurance; indemnification and relocation agreements.

A. 
Every applicant for the installation of fiber optic or other cable or for the use of a public utility easement on County roads and rights-of-way shall submit to the County Engineer:
(1) 
A plat showing the proposed location of the fiber optic or proposed installation;
(2) 
A depiction indicating whether the proposed installation is overhead or underground;
(3) 
Copies of all easements proposed to be used which have previously been granted to utilities; and
(4) 
All consents for the use of any such easements by the applicable utilities.
B. 
Review fees.
(1) 
These applications require review by the Departments of Law and Public Works. The County shall charge the foregoing reasonable rates for charges for actual services rendered:
(a) 
County Counsel: $150/hour.
(b) 
County Engineer: $125/hour.
(c) 
County Planner: $75/hour.
(d) 
Inspector: $50/hour.
(2) 
These services shall be billed at ten-minute intervals.
(3) 
The applicant may be required to post a reasonable deposit to cover all charges for actual services.
C. 
A comprehensive liability insurance policy in the minimum amount of $1,000,000 per claim, with premiums prepaid, providing liability coverage for any death, personal injury, property damage or other liability caused by the acts or omissions of the provider's staff, employees, agents, contractors and/or representatives while on, entering onto or exiting County property arising out of the installation/construction, operation, maintenance or use contemplated herein.
D. 
A certificate of insurance naming the County as an additional insured for general liability coverage in the amount of at least $5,000,000.
E. 
An indemnification agreement, properly executed by the applicant, holding the County, its officers, agents and employees harmless from any loss, claim or damage arising out of the installation, operation, maintenance or use of the fiber optic or other cable/wiring installed by the applicant, the form of said agreement to be approved by Essex County Counsel.
F. 
A relocation agreement that places the full costs of the relocation and/or removal of anything installed to be paid by the owner of the property and/or equipment.

§ 130-2 Duration of permit.

No license or permit issued pursuant to this article shall be valid for a period of more than 10 years.

§ 130-3 Relocation of cable.

In the event that the fiber optic or other cable installation interferes with a planned County 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 County at no cost to the County. No additional fee will be charged by the County as a result of the relocation.

§ 130-4 Compliance with road opening requirements.

Any underground installation of fiber optic or other cable, where applicable, shall be required to comply with the road opening requirements set by the County Engineer. All required permits must be obtained from the Office of the County Engineer prior to commencing any construction/installation activities within the County right-of-way.

§ 130-5 Conflict with other provisions.

All other ordinances and/or resolutions inconsistent with this article are deemed amended in accordance with this article.
[Adopted 11-6-2014 by Ord. No. O-2014-00017]

§ 130-6 Parking on snow-covered roads prohibited; removal of vehicle.

Any unoccupied or unattended vehicle, parked or standing upon any County road whenever said road shall be snow-covered shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and shall be removed therefrom.

§ 130-7 Cost of removal and storage of vehicle.

Any owner of a vehicle, parked or standing upon any of the roads as herein provided shall pay the reasonable cost of the removal and storage of said vehicle, as provided in the Code of the County of Essex § 44-22, which may result from such removal before regaining possession of the vehicle.