[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.
A survey or plat showing the proposed location of
all fiber optic cables, including details illustrating whether the
cable will be overhead or underground.
B.
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.
C.
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[1] and Site Plan Review Ordinance.[2] 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:
A.
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.
B.
Any proceeding of any type against the Borough or
the applicant related to the installation or maintenance of the fiber
optic cables.
C.
Any act or omission of the applicant or any of its
officers, agents, suppliers, affiliated companies or subcontractors.
D.
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.
E.
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.
F.
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:
A.
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.
B.
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.
A.
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:
(1)
One million dollars for bodily injury or death to
one person;
(2)
One million dollars for bodily injury or death from
any one accident;
(3)
One million dollars for property damage from any one
accident;
(4)
Umbrella excess liability coverage for bodily injury
and property damage in the aggregate of $5,000,000.
B.
Said insurance shall be acceptable to the Risk Management
Consultant of the Borough. No policy shall be cancelled without notice
to the Borough.
