[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[1]]
[1]
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,[1] as amended and supplemented and by authority of this article.
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
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.
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.
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.
Any disaster occurring as a result of enemy attack or the
imminent danger thereof.
A.
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.
B.
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:
(1)
Planning, activating, coordinating and conducting emergency management
operations within the Township, which shall include the following:
(a)
Coordinating the recruitment of volunteer personnel for emergency
management purposes;
(b)
Obtaining supplies and equipment needed to carry out the duties
of the Coordinator;
(c)
Preparing the Township's emergency operations plan;
(d)
Educating the public regarding preparations for emergencies;
(e)
Conducting training exercises of the emergency operations plan;
(2)
Serving as a member and Chairman of the Local Emergency Planning
Committee
(3)
Proclaiming a state of local disaster emergency when, in the Coordinator's
opinion, a disaster has occurred, or is imminent in the Township.
(4)
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.[1]
[1]
Editor's Note: See N.J.S.A. App. A:9-33 et seq.
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.
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.
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.
A public utility owning, controlling, or utilizing facilities
in the public right-of-way.
A.
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.
B.
No public utility right-of-way user shall be authorized to use the
public right-of-way without registering with the Township Clerk.
C.
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.
D.
The valid registration shall be on the form provided by the Township
and, at a minimum, shall include the following:
(1)
Identity and legal status of the public utility right-of-way user;
and
(2)
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
(3)
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
(4)
Proof of any necessary permit, license, certification, grant, registration,
franchise agreement or any other authorization required by any appropriate
governmental entity; and
(5)
Description of the public utility right-of-way user's use or
intended use of the public right-of-way; and
(6)
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
(7)
A list of authorized agents, contractors or subcontractors eligible
to obtain permits on behalf of the public utility right-of-way user.
E.
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.
F.
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.
