[Added 6-28-2005 by Ord. No. 05-21]
A.
Before a public utility places, replaces or removes
a pole or an underground facility located in the Borough of Garwood,
the public utility shall notify both the Municipal Engineer and the
Municipal Code Official in writing, which may be by Fax or email,
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 Mayor
and Council of the Borough of Garwood shall notify any public utility
that provides service in the Borough of the application of the provisions
of this article.
B.
For the purposes of this section, "underground facility"
means 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 as much as possible. As used in this section, "hot patch"
means 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
of a pole or an underground facility pursuant to this section.
For the purposes of this section, "pole" means,
in addition to its commonly accepted meaning, any wires or cable connected
thereto, and any replacements therefor which are similar in construction
and use.
In the event a public utility does not meet the requirements of § 146-58 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 will be fined up to an amount not to exceed $100 each day until the requirements of § 146-58 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. 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 § 146-58. 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.). The Superior Court and municipal court shall have jurisdiction to enforce the provisions of this section. 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 § 146-58, 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 provisions of § 146-57 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 Municipal Engineer and the Municipal Code Official of the Borough of Garwood 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 § 146-58 after responding to the emergency.[1]
