[Adopted 11-22-2005 by Ord. No. 05-36]
[1]
Editor's Note: The title of this article was changed from
"Underground Utility Placement" to "Utility Placement" 6-22-2021 by Ord. No. 21-11.
[Amended 6-22-2021 by Ord. No. 21-11]
Before a public utility places, replaces or removes a pole or
an underground facility located in the Borough of Westwood, the public
utility shall notify both the DPW Superintendent and the Borough Clerk
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 Westwood shall notify any public utility that provides service
in the Borough of the application of the provision of this article.
As used in this article, 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 of
a pole or an underground facility pursuant to this article.
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.
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 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.
A.
In the event a public utility does not meet the requirements of § 330-36 of this article 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 shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood each day until the requirements of § 330-36 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 period from November through April. At least five business days prior to the end of the ninety-day period established by this section, the municipality shall notify the public utility that the penalties authorized by this section shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of § 330-36 of this article. 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.[1]
B.
The Superior
Court and Municipal Court shall have jurisdiction to enforce the provision
of this article.
C.
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 § 330-36 of this article unless a written agreement between the public utilities provides otherwise.
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 telecommunications 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 provision of § 330-34 of this article 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 emergency, provided that the public utility undertaking such construction or excavation notifies the Municipal Engineer and the Municipal Code Official of the Borough of Westwood 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 § 330-36 of this article after responding to the emergency.
