[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 6-13-2005 by Ord. No. 05-29. Amendments noted where
applicable.]
A.
Notification. Before a public utility places, replaces or removes a pole or underground facility located on or below a public right-of-way, which pole or underground facility is used for the supplying and distribution of electricity for light, heat for power or for furnishing of water service or telephone or other telecommunications service located in the municipality, the public utility shall notify the Director of the Building Department or the designee of the Director of the Building Department in writing (facsimile transmission included) at least, but not less than, 24 hours before undertaking any excavation related to the placement, replacement or removal of the utility pole. This § 343-1A will only apply when the placement, replacement or removal of the utility pole involves excavation of the public right-of-way. For the purposes of this section, "underground facility" shall mean 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.
B.
Removal and restoration. After completing the work specified in § 343-1A of this chapter, the public utility shall remove from such right-of-way any pole no longer in use as well as any other debris created by the work specified in § 343-1A. This restoration shall include the installation of a hot patch as needed to restore the street or roadway to as close to its previous condition as possible. All restoration work shall take place within 90 days of the notification specified in § 343-1A, except that the public utility shall not be required to complete the hot patch installation between the months of November and April. Any hot patch work that falls within this time frame must be completed by June 30 of the following year.
[Amended 11-1-2011 by Ord. No. 11-27[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
C, joint poles, which immediately followed this subsection.
As used in this Chapter 343, the following terms shall have the meanings indicated:
The installation of a mixture of asphalt to restore property
located 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 utility pole or underground utility facility.
One or more underground pipes, cables, wires, lines or other
structures used for the supplying and distribution of electricity
for lights, heat or power or for the provision of water services or
for the furnishing of telephone or other telecommunications services.
In addition to the commonly accepted meaning, any wires or
cable connected thereto, and any replacements therefore which are
similar in construction and use.
A.
Upon the completion of the placement, replacement
or removal of any utility pole or underground utility facility, the
public utility shall remove from such right-of-way any utility 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 a hot patch
as needed to restore the property within the right-of-way to its previous
to the greatest extent possible.
B.
In the event a public utility does not satisfy the debris removal and restoration requirements of § 343-1B 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 § 343-1B 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 period established pursuant to § 343-3(A), the
Borough 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 ninety-day period unless the utility complies with
the requirements of § 343-1(B) hereof.
Any penalties imposed in accordance with § 343-3 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 Borough of Paramus 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: N.J.S.A. 2A:58-1 through 2A:58-9 were repealed
by L. 1999, c. 274, § 4.
