Chapter 90: Public Utility Poles and Underground Facilities

§ 90-1 Notice of placement, replacement or removal.

Before a public utility places, replaces or removes a pole or an underground facility located in the Township of Alloway, the public utility shall notify both the Municipal Engineer and the Construction Code Official 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 Township. The Township of Alloway shall notify any public utility that provides service in the Township of the application of the provisions of this chapter.

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.

§ 90-2 Restoration of property.

After completing the placement, replacement or removal of a pole or an underground facility pursuant to this chapter, 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.

§ 90-3 Pole defined.

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.

§ 90-4 Violations and penalties.

In the event that a public utility does not meet the requirements of § 90-2 of this chapter 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 § 90-2 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 § 90-2 of this chapter. 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 § 90-2 of this chapter, unless a written agreement between the public utilities provides otherwise.

§ 90-5 Emergency conditions.

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 telecommunication 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 § 90-1 of this chapter 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 Construction Code Official of Alloway 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 § 90-2 of this chapter after responding to the emergency.