[Added 5-23-2005 by Ord.
No. 05-15]
The Township of Vernon hereby adopts the provisions set forth
in N.J.S.A. 48:3-17a as hereafter set forth.
Before a public utility places, replaces or removes a pole or
an underground facility located in the Township of Vernon within a
twenty-four-hour period, which pole, or underground facility is used
for the supplying and distribution of electricity for light, heat
or power, or the furnishing of water service or telephone or other
telecommunications service on or below a public right-of-way in Vernon,
the public utility shall, in addition to other requirements of law,
notify an appropriately licensed municipal code official of Vernon
at least 24 hours before undertaking any construction or excavation
related to the placement, replacement or removal of such pole or underground
facility.
As used in this article, the following terms shall have the
meanings indicated:
In addition to the commonly accepted meaning, means 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 supplying and distribution of electricity for
light, heat or power, or the furnishing of water service or telephone
or other telecommunications service.
After completing the placement, replacement or removal of a
pole or an underground facility pursuant to this article, 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 actions 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 the previous condition as much as possible.
"Hot patch" means the installation of a mixture of asphalt to restore
the property within the right-of-way to the condition previous to
the construction or excavation of the disturbed site.
In the event a public utility does not meet the requirements
of this article concerning the removal of debris and the restoring
of property as set forth herein within 90 days of the construction,
the public utility shall be subject to a fine not to exceed $100 per
day until the requirements of this article are met, except that, if
a public utility is unable to complete the installation of the hot
patch due to the unavailability of asphalt during the time period
from November through April, the public utility shall not be required
to install the hot patch until 60 days immediately following the end
of said time period. At least five business days prior to the end
of the ninety-day period set forth above, Vernon shall notify the
public utility that the penalties authorized herein shall be assessed
against the public utility as set forth herein unless the public utility
complies with the provisions of this article. Penalties imposed under
this article shall be collected or enforced in a summary manner, without
jury, in any court of competent jurisdiction pursuant to N.J.S.A.
2A:58-10 et seq. The Superior Court and a Municipal Court shall have
jurisdiction to enforce this article.
In the case of the placement, replacement or removal of a pole
or underground facility utilized by two or more public utilities,
the public utility last removing pipes, cables, wires, lines or other
structures shall be liable for the provisions set forth herein unless
the public utilities have agreed differently in writing.
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 or 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 which require immediate action by a public utility
to prevent bodily harm or substantial property damage from occurring,
the provisions of this article regarding notice shall not apply when
the public utility undertakes any construction or excavation related
to the activities set forth in this article in response to such emergency,
provided that notice is provided by the public utility at the earliest
reasonable opportunity and the public utility complies with all other
provisions of this article after responding to the emergency.
