[HISTORY: Adopted by the Mayor and Council of the Borough of Fort
Lee 6-23-2005 by Ord. No. 2005-20. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The installation of a mixture of asphalt to restore property within
the right-of-way to its previous condition subsequent to the construction
or excavation of a site required for the placement, replacement of a pole
or an underground facility pursuant to this section.
In addition to its commonly accepted meaning, any wires or cable
connected thereto, and any replacements therefor which are similar in construction
and use.
One or more underground pipes, cables, wires, lines or other structures
used for the supplying and distribution of electricity for light, heat or
power or for the providing of water service, or for the furnishing of telephone
or other telecommunications service.
Before a public utility places, replaces or removes a pole or an underground
facility located in the Borough of Fort Lee, the public utility shall notify
both the Borough Engineer and the Borough Code Official in writing, which
may be by fax or e-mail, at least but not less than 24 hours before undertaking
any excavation related to the replacement or removal of the utility pole or
underground facility, which pole or underground facility is used for the supplying
and distribution of electricity for light, heat or power, or for the furnishing
of water service or telephone or other telecommunications service on or below
a public right-of-way in the Borough. The Borough Clerk of the Borough of
Fort Lee shall notify any public utility that provides service in the Borough
of the application of the provisions of this chapter.
A.Â
After completing the placement, replacement or removal
of a pole or an underground facility pursuant to this chapter, the public
utility shall remove from such right-of-way any pole or underground facility
no longer in use as well as any other debris created from such placement,
replacement or removal and restore the property, including, but not limited
to, the installation of a hot patch as needed to restore the property within
the right-of-way to its previous condition as much as possible.
B.Â
In the case of removal or replacement of a pole utilized
by two or more public utilities, the public utility last removing its pipes,
cables, wires, lines or other structures shall be liable for the removal and
restoration.
Under emergency conditions which significantly impact the placement of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or which pose an imminent or existing threat of loss of electrical, water, power, telephone or other telecommunication service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of § 310-3 of this chapter shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Borough Engineer and the Borough Code Official of the Borough of Fort Lee at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of § 310-3 of this chapter after responding to the emergency.
In the event a public utility does not meet the requirements of § 310-3 of this chapter concerning the removal of debris and the restoring of property, including, but not limited to, the installation of a hot patch within a right-of-way to its previous condition within 90 days of placement, replacement or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed $100 each day until the requirements of § 310-3 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November through April period.
At least five business days prior to the end of the ninety-day period established by this chapter, the Borough shall notify the public utility that the penalties authorized by this chapter shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of § 310-3 of this chapter. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Superior Court and Municipal Court shall have jurisdiction to enforce the provisions of this chapter. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under § 310-3 of this chapter, unless a written agreement between the public utilities provides otherwise.
If a public utility is fined pursuant to § 310-5 and the public utility believes such fine was issued in error, it may appeal such fine to the Borough Engineer, in writing, within 30 days of notice of the violation. The Borough Engineer shall review the documentation submitted by the public utility pursuant to § 310-6 and the Borough Clerk adjust the fine as necessary. If the parties are not satisfied after such determination, either party may seek an appeal to the Municipal Court or the Superior Court of New Jersey.
