Borough of Red Bank, NJ
Monmouth County
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Table of Contents
Table of Contents
[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.]
Excavations and openings in streets — See Ch. 608, Art. IX.

§ 352-1 Applicability of application process and license or permit fee schedule.

In order to implement the purposes of this chapter, the application process and license or permit fee schedule provided hereafter shall apply.

§ 352-2 Application requirements.

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.

§ 352-3 Requirements of applications recommended for approval.

[Amended 7-12-2017 by Ord. No. 2017-24]
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:
An engineering and legal professional escrow for review of at least $3,000, or more, as determined by the Borough Administrator in consultation with the Borough Engineer.
A one-time permit fee of $2,500 payable to the Finance Department.
A certificate of insurance naming the Borough as an additional insured for general liability coverage in the amount of at least $2,000.
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.

§ 352-4 License or permit period.

[Amended 7-12-2017 by Ord. No. 2017-24]
No license or permit issued hereunder shall be valid for a period of more than the lesser of 25 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.

§ 352-5 Relocation of cable interfering with planning municipal installation.

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.

§ 352-6 Exceptions.

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.

§ 352-7 Street opening requirements.

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.