Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Added 7-26-2005 by Ord. No. 2005-10]
As used in this chapter, 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, replacement of a pole or an underground facility pursuant to this section.
POLE
In addition to its commonly accepted meaning, any wires or cable connected thereto, and any replacements 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.
[Added 7-26-2005 by Ord. No. 2005-10]
A public utility which places, replaces or removes a pole or an underground facility located in the Township, 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 shall, in addition to any other requirements of law, notify the appropriately licensed Township code official at least 24 hours before undertaking any construction or excavation related to the placement, replacement or removal of such pole or underground facility.
[Added 7-26-2005 by Ord. No. 2005-10]
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 Subsection 130.02 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 appropriately licensed municipal code official of the Township 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 Subsection 130.03 after responding to the emergency.
[Added 7-26-2005 by Ord. No. 2005-10]
A. 
After completing the placement, replacement or removal of a pole or an underground facility, 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.
B. 
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.
C. 
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 this subsection, unless a written agreement between the public utilities provides otherwise.
D. 
In the event a public utility does not meet the requirements of this section 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, there shall be a fine imposed of $100 each day until the requirements of this section are met. At least five business days prior to the end of the ninety-day period established by this subsection, the public utility shall be notified that the penalties authorized by this subsection shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of this subsection.
E. 
Any penalty imposed under this subsection 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 (C.2A:58-10 et seq.).
[Added 7-26-2005 by Ord. No. 2005-10]
Any person or entity who violates any provision of this chapter for which no specific penalty is provided shall be subject to a fine of not less than $100 nor exceeding $1,000.