[HISTORY: Adopted by the City Council of the City of Somers
Point 10-14-2021 by Ord. No. 12-2021. Amendments noted where applicable.]
Permission and authority are hereby granted to Cross River and
its successors a nonexclusive municipal consent to use existing utility
poles and replacement poles which are of a size and type equal to
the poles being replaced and erected by parties that have the lawful
right through municipal consent and the approval of the New Jersey
Board of Public Utilities to maintain poles within the public right-of-way
in the City of Somers Point for the construction, installation, operation,
repair, maintenance and replacement of a fiber-optic telecommunications
system subject to the following conditions:
A.
Cross River and its successors shall adhere to all applicable federal,
state, and local laws regarding safety requirements related to the
use of the public right-of-way.
B.
Cross River and its successors shall:
(1)
Comply with all applicable federal, state, and local laws requiring
permits prior to beginning construction, and shall obtain any applicable
permits that may be required by the City of Somers Point, and by the
City of Somers Point Development Ordinances.[1]
(2)
Provide the City of Somers Point Construction Official/Code Enforcement
Officer and City of Somers Point City Engineer with the location of
each pole and/or conduit upon or in which fiber-optic facilities are
proposed to be placed together with the pole identification number,
the identity of the owner of pole and geographic information system
(GIS) map;
C.
Cross River shall not install any new poles of replacement wood poles
that are taller than the existing utility pole being replaced, nor
install replacement utility poles made of steel or other non-wood
material to replace an existing pole.
D.
This grant of municipal consent is not to be construed as authorizing
the erection of any new pole within the right of way nor is it to
be construed as authorizing Cross River to attach to any pole, structure,
or other facility owned by or under the control of the City of Somers
Point or any third party other than a New Jersey public utility from
which consent to attach to such pole has been granted, in writing.
E.
Notwithstanding anything to the contrary contained herein, Cross
River shall adhere to the terms and conditions of the underlying easement
granted to the owner of the pole by the owner of the underlying soil,
and Cross River shall not overburden any existing easement.
F.
Nothing contained herein shall preempt or in any way preclude or
constitute a waiver of the City's exercise of its planning or
zoning powers under the New Jersey Municipal Land Use Law[3] or other applicable law relative to the placement, regulation,
zoning, or suitability of such structures within the City.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
G.
This grant of municipal consent is limited exclusively to Cross River
for its own equipment to provide services to customers using the Cross
River network. The consent from the municipality shall not be used
by Cross River to construct infrastructure to be leased to others
nor assigned by Cross River to any third party.
H.
This municipal consent is hereby given upon the further condition
and provision that Cross River, and its successors, shall, to the
fullest extent permitted by law, defend, pay on behalf of, indemnify,
and hold harmless the City of Somers Point, its elected and appointed
officials, its agents, employees and volunteers, the Atlantic County
Joint Insurance Fund, and others working on behalf of the City of
Somers Point from and against any and all claims, demands, suits,
or loss, including all legal and professional fees, costs and any
other expenses connected therewith, and for any damages which may
be asserted claimed or recovered against or from the City of Somers
Point, its elected and appointed officials, its agents, employees,
volunteers, the Atlantic County Joint Insurance Fund, or others working
on behalf of the City of Somers Point by reason of personal injury,
including bodily injury or death and/or property damage, including
loss of use thereof, which arises out of or is in any way connected
or associated with this consent, except to the extent resulting solely
from the acts or omissions of the City of Somers Point. Cross River
shall, at its own cost and expense, maintain commercial general liability
insurance in the minimum amount of $5,000,000 combined single limit
per occurrence, and automobile insurance with combined single limits
of $2,000,000 for bodily injury (including death) and property damage
each occurrence, and workers' compensation insurance in compliance
with the statutory requirements of the State of New Jersey. The City
of Somers Point, its elected and appointed officials, its agents,
employees, volunteers, the Atlantic County Joint Insurance Fund, and
others working on behalf of the City of Somers Point shall be included
as an "additional insured" as their interests may appear under this
municipal consent resolution on all general liability policies; and
Cross River shall provide the City of Somers Point City Clerk with
certificates of insurance (which shall be maintained and kept current
at all times during the period of this municipal consent and which
shall provide for not less than 30 days' notice in the event
of cancellation or termination); and shall also provide a copy of
the additional insured endorsement to such policies. Nothing in this
section shall limit Cross River's liability in any way.
I.
Cross River shall be responsible for the repair of any damage to
paving, existing utility lines, or any surface or subsurface installations,
arising from its construction, installation, or maintenance of its
facilities.
J.
Cross River shall pay to the City of Somers Point the sum of $1,500
to cover the administrative expenses incurred by the City for legal,
engineering and risk management expenses and cost of publication.
K.
Cross River and its successors shall file with the Clerk of the City
of Somers Point true and complete copies of all agreements between
Cross River and the owner(s) of the poles to which Cross River proposes
to attach.
L.
The permission and authority hereby granted shall continue for a
term of 25 years and subject to continuation of a municipal consent
by the City of Somers Point granted to those parties whose poles Cross
River is using and, to the extent required, approval of such municipal
consent by the New Jersey Board of Public Utilities (or its successor
agency).
M.
The Mayor and the City Clerk are authorized to execute and deliver
such documents as necessary to effectuate this grant of municipal
consent.
N.
Upon final passage the City Clerk shall send a certified copy of
this ordinance to Cross River.
Upon adoption, this ordinance shall be codified in the City
of Somers Point Municipal Code as Appendix A-270, Cross River Municipal
Consent.
In the event any section, clause, sentence, phrase or provision
or any item in this ordinance be declared unconstitutional or invalid
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this ordinance.
All other ordinances inconsistent herewith are hereby repealed.
This ordinance shall take effect after final passage, approval,
and publication as required by law.
