[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin Lakes 10-18-2016 by Ord. No. 1692. Amendments noted where applicable.]
Before a public utility places, replaces or removes a pole or
underground facility located on or below a public right-of-way within
the Borough, the public utility shall notify the Construction Official
in writing at least 24 hours prior to undertaking any excavation related
to such work.
After completing the work specified in § 377-1, the public utility shall remove from such right-of-way any pole no longer in use as well as any other debris created by the work. This restoration shall include the installation of a hot patch as needed to restore the street or roadway to as close to its previous condition as possible. All restoration work shall take place within 90 days of the commencement of the work, except that the public utility shall not be required to complete the hot patch installation between the months of November and April. Any hot patch work that falls within this time frame must be completed by June 30 of the following year.
As used in this chapter, the following terms shall have the
meanings indicated:
The installation of a mixture of asphalt to restore property
located within the right-of-way to its previous condition subsequent
to the construction or excavation of a site required for the placement,
replacement or removal of a utility pole or underground utility facility.
One or more underground pipes, cables, wires, lines or other
structures used for the supplying and distribution of electricity
for lights, heat or power or for the provision of water services or
for the furnishing of telephone or other telecommunications services.
In addition to the commonly accepted meaning, any wires or
cable connected thereto, and any replacements therefor which are similar
in construction and use.
Upon the completion of the placement, replacement or removal
of any utility pole or underground utility facility, the public utility
shall remove from such right-of-way any utility 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 to
the greatest extent possible.
For violation of any provision of this chapter, the maximum
penalty, upon conviction of the violation, shall be a fine not exceeding
$100. Each and every day in which a violation exists shall constitute
a separate violation.
