[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 15.28 of the 1998 Code. Amendments
noted where applicable.]
Prior to the erection of any new utility pole,
post, tower, wire, conduit, pedestal, cabinet or other facility ("facility")
by any electric light, heat, power, telephone or other utility company,
however denominated, that provides a similar public service under
governmental regulation ("utility") within the Township of Montville
("Township"), said utility shall be required to submit to the Township
Engineer and the Montville Police Department a map or plan showing
the location and size of the facility.
All facilities hereafter to be sited by any
utility shall be placed no closer than 18 inches to the curb face
or shoulder edge of the public street or way to which said facility
is adjacent, pursuant to the standards promulgated by the American
Association of State Highway and Transportation Officials. Whenever
practicable, however, the utility shall place the facility a greater
distance from the street or way to which said facility is adjacent
than the minimum standard of 18 inches.
The map or plan submitted by the utility shall
include, or be accompanied by, a brief written statement prepared
by or on behalf of the utility, which explains the basis on which
the utility has determined that the site in question is suitable for
the facility with regard to applicable safety concerns. Said statement
shall include, without limitation, the following information:
A.
An affirmation that the placement of the proposed
facility conforms to the standards promulgated by the American Association
of State Highway and Transportation Officials.
B.
An affirmation that the placement of the proposed
facility has taken into account any safety concerns presented as a
result of the configuration, nature and characteristics of the roadway
(i.e., bends or curves, etc.) and the topographic features of the
site. Said affirmation shall set forth the factors considered.
C.
An affirmation that any record of previous accidents
at the location in question has been considered and that the site
is nonetheless appropriate for facility placement. Said affirmation
should include language indicating the manner in which accident information
was obtained.
D.
An affirmation that there exists no suitable, less
dangerous alternate site for the facility in question.
In the event that the information provided by
the utility to the Township is insufficient to enable the Township
to adequately assess the propriety of the placement of the facility
in light of the applicable safety concerns, the utility shall submit
such other and further information as is requested by or on behalf
of the Township, and the time period within which the Township is
to act on the application shall commence upon the Township's receipt
of said additional information.
No utility pole, post, tower, wire, conduit, pedestal, cabinet or other facility shall be erected, constructed, replaced or reconstructed by any utility without the express approval by the Township of the placement and design of the facility after consideration of the applicable safety concerns, which consideration shall include but shall not be limited to those factors set forth in §§ 377-2 and 377-3 above.
In the case of a proposed new facility, after
submission by the utility of the documentation required by the Engineer
or Montville Police Department, the Township shall inform the utility
in writing of the approval or denial of siting authorization within
10 business days in the case of a new facility.
With regard to a proposed replacement facility the utility proposes to site at the point or place previously occupied by such facilities, the Engineer shall be notified of the proposed replacement by telephone 24 hours prior to such action. While the Township will not prohibit the replacement of the facility in question, the utility is hereby placed on notice that all replacement facilities are subject to the conditions set forth in § 377-3. Thus the utility shall comply with the guidelines contained therein and consider all necessary factors and shall demonstrate such compliance and adequate consideration by submitting the documentation required by §§ 377-1 and 377-3 after the replacement of the facility in question, which records will be retained by the Township to affirm the suitability of the placement.
Siting authorization shall not be unreasonably
denied by the Township. In the event that siting authorization is
denied by the Township, the written denial shall include the reason(s)
therefor. After receipt of any such written denial, the utility may
select an alternative site and repeat the process of seeking authorization
therefor as is set forth in this chapter.
A copy of this chapter shall be provided to
all utilities having facilities located in the Township. The failure
of the Township to provide such notice to any utility shall not exempt
the utility from complying with the requirements of this chapter.
