[HISTORY: Adopted by the Township Committee of the Township of Lebanon as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-19-2014 by Ord. No. 2014-03]
Editor's Note: This ordinance was originally adopted as Ch. 78 but was renumbered to maintain the organization of the Code.
This article shall be known and may be cited and referred to as the "Emergency Management Ordinance of the Township of Lebanon."
The Office of Emergency Management is hereby established in the Township of Lebanon in accordance with the provisions of N.J.S.A. App. A:9-40.1 et seq.
The Lebanon Township Office of Emergency Management will be the coordinating agency for all activity in connection with emergency management; it will be the instrument through which the Mayor and Council may exercise the authority and discharge the responsibilities vested in them in the New Jersey Civil Defense Act of 1942, P.L. 1942, c. 251, as amended and supplemented and by authority of this article.
This article will not relieve any Township department of any of the responsibilities or authority given to it by any statute, regulation, or local ordinance, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
As used in this article, the following terms shall have the meanings set forth:
- The Coordinator of the Lebanon Township Office of Emergency Management, appointed as prescribed in this article.
- DEPUTY COORDINATOR
- The Deputy Emergency Management Coordinator, appointed as prescribed in this article.
- An unusual incident or the imminence thereof, resulting from natural or unnatural causes which endangers the health, safety or resources of the residents of the Township and which is or may become too large in scope or unusual in type to be handled in its entirety by regular Township operating services.
- Includes "disaster," "local disaster," and "war emergency" as defined in this article.
- LOCAL DISASTER
- Any disaster, or the imminence thereof, resulting from natural or unnatural causes other than enemy attack and limited to the extent that action by the governor under the New Jersey Emergency Management - Disaster Control Act is not required.
- Any person duly registered, identified and appointed by the Coordinator and assigned to participate in the emergency management activity without renumeration.
- WAR EMERGENCY
- Any disaster occurring as a result of enemy attack or the imminent danger thereof.
There is hereby created the position of Emergency Management Coordinator for the Township of Lebanon. The Mayor shall appoint an Emergency Management Coordinator from among the residents of the Township. The Emergency Management Coordinator shall serve a term of three years. At the time of his appointment or within one (1) year following his appointment, the Emergency Management Coordinator shall have completed any and all necessary courses in civil defense and the professional development series from the Federal Emergency Management Agency. The Coordinator must comply with all federal, state, county or municipal training guidelines.
The Emergency Management Coordinator and his/her designee shall be directly responsible to the Mayor. The duties and responsibilities of the Emergency Management Coordinator are as follows:
Planning, activating, coordinating and conducting emergency management operations within the Township, which shall include the following:
Coordinating the recruitment of volunteer personnel for emergency management purposes;
Obtaining supplies and equipment needed to carry out the duties of the Coordinator;
Preparing the Township's emergency operations plan;
Educating the public regarding preparations for emergencies;
Conducting training exercises of the emergency operations plan;
Serving as a member and Chairman of the Local Emergency Planning Committee
Proclaiming a state of local disaster emergency when, in the Coordinator's opinion, a disaster has occurred, or is imminent in the Township.
In accordance with regulations promulgated by the State Director of Emergency Management, issuing and enforcing such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the Township.
There is hereby created the position of Deputy Emergency Management Coordinator for the Township of Lebanon. The Mayor shall appoint a Deputy Emergency Management Coordinator from among the residents of the Township. At the discretion of the Mayor, more than one Deputy Coordinator may be appointed if needed. The Deputy Coordinator shall be responsible directly to the Coordinator. The duties of the Deputy Coordinator shall be prescribed by the Coordinator. The Deputy Coordinator shall be required to have all of the training, certificates and credentials that are required of the Coordinator. The position of Deputy Emergency Management Coordinator is not a paid position.
The Mayor shall appoint not more than 15 members to a Local Emergency Planning Committee and may consist of representatives from the Township Committee, Police Department, Fire Department, broadcast or print media, and Township residents. Members shall hold office at the will and pleasure of the Mayor. The Emergency Management Coordinator shall be a member and shall serve as Chairman of the Local Emergency Planning Committee. The Local Emergency Planning Committee shall assist the Township in establishing the various local volunteer support needed to meet the requirements of all emergency management and disaster control activities and to assist in the development of emergency management plans in pursuance of the provisions of P.L. 1942, c. 251, as amended.
A comprehensive emergency operations plan shall be maintained by the Coordinator. In the preparation of this plan as it pertains to Township organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies, including volunteer fire companies and first aid squads (said department agencies and companies hereinafter referred to as "departments"), shall be utilized to the fullest extent to protect the peace, health and safety of citizens. When approved, it shall be the duty of all municipal departments to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency operations plan shall be considered supplementary to this article and have the effect of law whenever a disaster, as defined in this article, has been proclaimed. The plan shall be compatible with county and state plans.
[Adopted 8-5-2015 by Ord. No. 2015-04]
For the purpose of this article, the following terms shall have the following meanings:
- An interruption of service of the public utility right-of-way user within the Township, or outside thereof if that interruption causes an interruption of service within the Township or damage to or by the equipment or facilities of the public utility right-of-way user, either or both of which affects the ability of the emergency services providers of the Township, or the Emergency Management Control Coordinator, from fulfilling their duties to protect the public.
- PUBLIC RIGHT-OF-WAY
- The surface, the air space above the surface (to the extent such air space may be regulated by the Township) and the area below the surface of any public roadway, highway, street or alleyway in which the Township has an interest in fee or easement.
- PUBLIC UTILITY
- Every cable television service provider, every pipeline corporation, gas corporation, electrical corporation or company, telecommunications company, water corporation or company, heating corporation or company, or sewer corporation or company under the jurisdiction of the New Jersey Board of Public Utilities; every municipally owned or operated utility; every privately owned utility; and every other entity, regardless of its form of organization or governance, whether for profit or not, which in providing a public utility type of service for members of the general public, utilizes pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses in the collection, exchange or dissemination of its product or services through the public right-of way. "Public utility" shall also include a public utility provider that does not own facilities in the public right-of-way, but uses the public right-of-way by interconnecting with or using the network elements of another public utility utilizing the public right-of-way, and/or by leasing excess capacity from an other public utility.
- PUBLIC UTILITY RIGHT-OF-WAY USER
- A public utility owning, controlling, or utilizing facilities in the public right-of-way.
All existing public utility right-of-way users shall register yearly with the Township Clerk within 30 days from the effective date of this article. Any person who is not a public utility right-of-way user prior to the effective date of this article and who desires to become a public utility right-of-way user must first register with the Township. The initial registration of a public utility right-of-way user shall be for the balance of the calendar year in which initial registration occurs. Thereafter, registration shall be on a calendar-year basis. The public utility right-of-way user shall submit its renewal registration information by November 15, before the next calendar year.
No public utility right-of-way user shall be authorized to use the public right-of-way without registering with the Township Clerk.
A public utility right-of-way user shall report any changes in its registration within 30 days of the change. Failure to report any change shall be a violation of this article.
The valid registration shall be on the form provided by the Township and, at a minimum, shall include the following:
Identity and legal status of the public utility right-of-way user; and
Name, address, telephone number and e-mail address of the employee, agent or officer of the public utility right-of-way user responsible for the accuracy of the registration statement. Such employee, agent or officer shall be the person to whom notices shall be sent and shall be responsible for facilitating all necessary communications; and
Name, address, telephone number and e-mail address of the employee, agent or officer of the public utility right-of-way user who shall be available at all times (24/7) to act on behalf of the public utility right-of-way user in the event of an emergency and who shall be the person designated by the public utility right-of-way user to be in charge of providing repair and maintenance services for the facilities and equipment of the public utility right-of-way user within the Township; and
Proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any appropriate governmental entity; and
Description of the public utility right-of-way user's use or intended use of the public right-of-way; and
Information which identifies any entity that uses the public utility right-of-way user's facilities in the public right-of-way or leases any space from the public utility right-of-way user; and
A list of authorized agents, contractors or subcontractors eligible to obtain permits on behalf of the public utility right-of-way user.
Except as provided in this article, or as otherwise required by federal, state, or local law, no registration may be transferred without the written consent of the Township. Any entity not named on a valid registration, including any affiliates or successors in interest to a registered public utility right-of-way user, must register in accordance with this article or receive written authorization to transfer the registration. The Township shall not unreasonably withhold its consent to transfer as provided herein. This subsection will not apply to cable television operators where such authority to permit transfers is vested in the Office of Cable Television and the Board of Public Utilities pursuant to N.J.S.A. 48:5A-43 and N.J.S.A. 48:5A-19.
The fee to obtain an initial registration statement shall be $50; the fee for any amendment or renewal thereto shall be $25. This fee is waived pursuant to N.J.S.A. 48:5A-30 for cable television operators and considered to be paid as part of the required franchise fee. The Township Clerk shall send a copy of this article to all public utilities of which the Township is aware upon its adoption in accordance with law. The failure of a public utility to receive a copy of this article shall not absolve it from the registration requirement.