[Ord. No. 2015-20 § 10B-82]
If a public utility, as defined in N.J.S.A. 40A:2-13, is aggrieved
by the action of a municipal agency through such agency's exercise
of its powers under this chapter with respect to any action in which
the public utility has an interest, an appeal to the Board of Public
Utilities may be taken within 45 days after such action without appeal
to the Princeton Council unless such public utility so chooses. If
the public utility chooses to appeal to the Princeton Council, further
appeal to the Board of Public Utilities may be taken by the utility
within 35 days after action by the Princeton Council.
[Ord. No. 2015-20 § 10B-83]
A hearing on the appeal of a public utility to the Board of
Public Utilities shall be had on notice to the agency from which the
appeal is taken and to all parties primarily concerned, all of whom
shall be afforded an opportunity to be heard.
[Ord. No. 2015-20 § 10B-84]
If, after such hearing, the Board of Public Utilities finds
that the present or proposed use by the public utility of the land
described in the petition is necessary for the service, convenience
or welfare of the public, the public utility may proceed in accordance
with such decision of the Board of Public Utilities, notwithstanding
any provision of this chapter or any regulation made under the authority
of this chapter.
[Ord. No. 2015-20 § 10B-85]
Neither this chapter nor any regulation made under authority
thereof shall apply to a development proposed by a public utility
for installation in more than one municipality for the furnishing
of service, if, upon a petition of the public utility, the Board of
Public Utilities shall after the hearing, of which any municipalities
affected shall have notice, decides that the proposed installation
of the development in question is reasonably necessary for the service,
convenience or welfare of the public.
[Ord. No. 2015-20 § 10B-86]
Nothing in this division shall be construed to restrict the
right of any interested party to obtain a review of the action of
the municipal agency or of the Board of Public Utilities by any court
of competent jurisdiction according to law.
