[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.
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.
[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:
A.
Payment
of a permit fee in accordance with the following schedule:
B.
A certificate
of insurance naming the Borough as an additional insured for general
liability coverage in the amount of at least $2,000.
C.
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.
D.
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.
[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.
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.
