[Amended 6-22-2021 by Ord. No. 21-11]
Before a public utility places, replaces or removes a pole or
an underground facility located in the Borough of Westwood, the public
utility shall notify both the DPW Superintendent and the Borough Clerk
in writing, which may be by fax or e-mail, 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 Borough Clerk of the Borough
of Westwood shall notify any public utility that provides service
in the Borough of the application of the provision of this article.
As used in this article, the following terms shall have the
meanings indicated:
HOT PATCH
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 of
a pole or an underground facility pursuant to this article.
POLE
In addition to its commonly accepted meaning, any wires or
cable connected thereto and any replacements therefor which are similar
in construction and use.
UNDERGROUND FACILITY
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.
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 provision of §
330-34 of this article 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 emergency, provided that the public utility undertaking such construction or excavation notifies the Municipal Engineer and the Municipal Code Official of the Borough of Westwood 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 §
330-36 of this article after responding to the emergency.