[HISTORY: Adopted by the Township Council of the Township
of Verona 6-27-2022 by Ord. No. 2022-18. Amendments noted where applicable.]
For the purposes of this chapter:
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
or removal of a pole of a utility pole or an underground facility
pursuant to this chapter.
In addition to its commonly accepted meaning, any wires or
cable connected thereto, and any replacements 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 furnishing of telephone or other
telecommunications service.
A.
Before a public utility places, replaces or removes a pole or an
underground facility located in the Township of Verona, the public
utility shall notify the Zoning Officer and Township Engineer in writing,
which may be by email, personal service or certified mail, at least,
but not less than, 24 hours before undertaking any excavation related
to the placement, replacement or removal of the pole or underground
facility.
B.
Any public utility placing, replacing or removing a pole or an underground
facility located in the Township shall provide for adequate traffic
control during the course of said work, including any barricades,
cones and/or officers necessary in order to safely divert the flow
of traffic.
C.
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 same material as removed as needed
to restore the property within the right-of-way to its previous condition
as much as possible. 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 this section.
A.
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, 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 § 395-2A 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 Zoning Officer and Township Engineer at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with § 395-2B and C. After the emergency is concluded, the provisions of § 395-2C and penalties contained in § 395-4 shall be applicable for failure to restore the property or 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.
A.
In the event a public utility does not satisfy the debris removal and restoration requirements of § 395-2C above within 90 days of the date of such placement, replacement or removal of a utility pole or underground utility facility, the municipality shall be authorized to impose a fine up to an amount not to exceed $100 each day until the requirements of § 395-2C 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.
B.
Public utilities shall remove from such right-of-way any pole no longer in use, or sought to be replaced by the placement of a new pole, 90 days after the abandonment of the use of the pole or 90 days after placement of the new pole. Any poles currently not in use, or intended to be replaced based upon the placement of a new pole that has already been installed, must be removed within 90 days of the effective date of this chapter. The municipality shall be authorized to impose a fine up to an amount not to exceed $100 each day until the pole is removed and requirements of § 395-2C 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.
C.
At least five business days prior to the end of the ninety-day or sixty-day period established pursuant to § 395-4A as applicable, the Zoning Officer shall notify the public utility that the penalties authorized by such section shall begin to be assessed against the utility after the end of the applicable period unless the utility complies with the requirements of § 395-2C hereof.
Any penalties imposed in accordance with § 395-4 hereof shall be collected or enforced in a summary manner, without jury, in any court of competent jurisdiction, including, but not limited to, the Municipal Court of the Township of Verona, in accordance with the procedures provided by the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]).
[1]
Editor's Note: See now N.J.S.A. 2A:58-11 et seq.
