[HISTORY: Adopted by the Borough Council of the Borough of Paramus as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-2008 by Ord. No. 08-13]
The Borough of Paramus hereby consents to the nonexclusive use of its right-of-way by telecommunications companies for the erection and maintenance of fiber optic telecommunications cables necessary for the operation of telecommunications systems within the Borough subject to the provisions of the within article. Telecommunications companies shall be permitted to install and maintain fiber optic cables in the public right-of-way in underground conduits and/or on existing utility poles upon the receipt of a permit from the Borough as provided hereinbelow. The access granted to telecommunications companies shall be solely for the installation and maintenance of fiber optics cables as provided hereinbelow.
Any telecommunications company seeking to install fiber optic or similar cable within the Borough right-of-way shall be required to secure a permit from the Borough authorizing the installation of fiber optic cable. The permit shall be issued by the Borough Engineer. An application for said permit shall include the following:
A survey or plat showing the proposed location of all fiber optic cables, including details illustrating whether the cable will be overhead or underground.
Copies of all applicable easements proposed to be used and previously issued to any public utilities, together with consents from any utilities holding said easements.
A description of the nature and extent of the proposed installation together with any other technical or other information required by the Borough Engineer.
All installations of fiber optic cables shall be subject to complete compliance with the Borough Zoning Ordinance and Site Plan Review Ordinance. No fiber optic cables shall be installed without securing a permit. All installations shall also comply with all applicable federal, state or local laws.
Any telecommunications company receiving a permit to install and maintain fiber optic cables shall take all possible action required to protect the public, minimize interruption to street and sidewalk traffic, limit congestion, prevent environmental degradation, limit inconvenience to property owners, and limit any adverse impact on the public.
The issuance of a permit to install and maintain fiber optic cables shall not be construed to be an easement, leasehold, title in fee or any other interest in the Borough right-of-way.
The applicant for a permit shall provide the Borough with an indemnification indicating that the applicant will hold the Borough harmless with regard to any loss, damage or injury arising by virtue of the installation of fiber optic cables. Said indemnification shall also indemnify the Borough against any loss arising by virtue of any disputes or claims with regard to boundaries, trespass, or other third-party claims arising by virtue of the installation or maintenance of said fiber optic cables. The applicant shall further agree to defend the Borough in any action brought against the Borough upon any claims arising with regard to the installation or maintenance of said fiber optic cables. Without limiting the terms of the applicant's indemnification, said indemnification shall be deemed to include:
Any claim arising by virtue of the Borough's grant of consent to install and maintain fiber optic cables on or beneath the Borough right-of-way.
Any proceeding of any type against the Borough or the applicant related to the installation or maintenance of the fiber optic cables.
Any act or omission of the applicant or any of its officers, agents, suppliers, affiliated companies or subcontractors.
The exercise or implementation, whether or not proper or lawful, of any right of privilege expressed or implied hereunder, by law or otherwise arising out of the Borough's consent to the installation of fiber optic cables.
Any action by the applicant, or inaction of the applicant, with regard to the operation, maintenance, construction, installation, or other aspect of the fiber optic cables.
The indemnification shall cover actual legal fees and court costs incurred by the Borough.
No fixture, pole or other device other than fiber optic cables shall be installed without the specific authorization of the Borough Engineer.
Any permit issued to an applicant shall be valid with respect to said applicant alone. In the event an applicant, after receiving a permit, seeks to allow another company to install additional fiber optic lines on or under the Borough right-of-way, a separate permit shall be required.
Any applicant receiving a permit for the installation of fiber optic cables shall be required to maintain all fiber optic cables at all times. Any applicant for a permit shall also be responsible for any damages arising by virtue of the installation or maintenance of the fiber optic cables, including, but not limited to, damage to roadways, paving, existing utility lines, existing subsurface installations or other property.
In the event the Borough determines that it is necessary to alter the grade of any street or highway, or take such other action within the Borough right-of-way necessitating the relocation of any fiber optic cables, the holder of any permit shall, upon reasonable notice from the Borough, relocate the fiber optic cables at the sole cost and expense of the holder of such a permit.
In the event any fiber optic cables are abandoned by an applicant or holder of a license, or the successor thereto, the applicant or its successor shall remove said abandoned cables and restore the property and facilities of the Borough.
In the event the installation of fiber optic cables by an applicant or its successor interferes with any planned municipal installation, the cables shall be relocated by the applicant or its successor in an expeditious manner within the right-of-way, again at the applicant's sole cost and expense. In the event the Borough requires the temporary relocation of any cables, the applicant shall temporarily relocate said cables at the applicant's sole cost and expense.
In the event the installation of any cables shall disturb any public or private pavement, street, curbs, gutters, sidewalks, driveways, aboveground or below-ground utilities, lines, fixtures, equipment, trees, shrubs, or other landscaping or surfaces, or shall cause any other interference whatsoever, the applicant shall be required, at its sole cost and expense, to restore and replace such things as have been disturbed to a condition equivalent to that which existed prior to the disturbance.
In the event the Borough determines that it is necessary to temporarily raise, lower, move, remove or otherwise take action with respect to any fiber optic cables, an applicant shall take such action as is required by the Borough. The applicant may suggest alternatives to the temporary removal of cables where such temporary removal would cause a disruption of services, however, the Borough shall retain the right to make final decisions with regard to the removal of cables.
An applicant for the issuance of a permit shall provide a performance bond to secure the faithful performance of all obligations to the Borough and shall maintain a surety bond in the penal sum of $50,000 conditioned on the faithful performance of all undertakings pursuant to this article. Said bond shall be acceptable in form and content to the Borough and shall be issued by a bonding company licensed to do business in the State of New Jersey.
An applicant for a permit to install fiber optic cables shall be required to pay the following fees and escrow amounts:
The applicant shall pay for all engineering costs incurred in connection with an initial application for a permit. The applicant shall pay an engineering escrow in the sum of $2,500 which shall be utilized to cover engineering costs required in connection with any application. The applicant will also pay additional escrow in an amount to be determined by the Borough Engineer in the event the initial escrow fee is depleted.
The applicant shall pay an application fee in the sum of $750 and an annual permit fee in the sum of $750. Said fee shall be payable on or before January 1 of each calendar year following the initial issuance of a permit.
During the term of the use of the Borough right-of-way, a permit holder shall deliver to the Borough, and maintain in full force and effect at its sole expense, a combined automobile and comprehensive general liability insurance policy naming the Borough as an additional insured and insuring against loss by any claim in the minimum amounts of:
One million dollars for bodily injury or death to one person;
One million dollars for bodily injury or death from any one accident;
One million dollars for property damage from any one accident;
Umbrella excess liability coverage for bodily injury and property damage in the aggregate of $5,000,000.
Said insurance shall be acceptable to the Risk Management Consultant of the Borough. No policy shall be cancelled without notice to the Borough.