[HISTORY: Adopted by the Township Committee of the Township
of West Amwell as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-27-2012 by Ord. No. 21-2012]
In accordance with the provisions of N.J.S.A. 48:3-17a:
Before a public utility places a pole, used for the supplying
and distributing of electricity for light, heat or power or for the
furnishing of telegraph, telephone or other telecommunications service,
on a public right-of-way on which the predominant method of lighting
is gas lighting, a public utility shall, in addition to any other
requirements of law, first acquire the consent of the Township Committee
of the Township of West Amwell where the public right-of-way is located.
Before a public utility places, replaces or removes a pole or
an underground facility located in the Township of West Amwell within
a twenty-four-hour period, 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
Township of West Amwell, the public utility shall, in addition to
any other requirements of law, notify the Construction Code Official
of the Township of West Amwell at least 24 hours before undertaking
any construction or excavation related to the placement, replacement,
or removal of such pole or underground facility. For purposes of this
article, "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 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 article.
For the purposes of this article:
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 § 129-3 of this article 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, the Township of West Amwell shall be authorized to impose a fine up to an amount not to exceed $100 each day until the requirements of § 129-3 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 Township of West Amwell shall notify the public utility that the penalties authorized by this section shall begin to be assessed against utility after the end of the ninety-day period unless the utility complies with the requirements of § 129-3 of this article. 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, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court and Municipal Court shall have jurisdiction to enforce the provisions of this article. 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 § 129-3 of this article, 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, of which pose all 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 § 129-2 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 an emergency, provided that the public utility undertaking such construction or excavation notifies the Construction Code Official of the Township of West Amwell in which such construction or excavation occurs at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with the removal and restoration required by § 129-3 of this article after responding to the emergency.
