If a public utility, as defined in N.J.R.S.
48:2-13, is aggrieved by the action of a municipal agency through
said agency's exercise of its powers under this Part 4 with respect
to any action in which the public utility has an interest, an appeal
to the Board of Public Utility Commissioners of the State of New Jersey
may be taken within 35 days after such action without appeal to the
municipal governing body unless such public utility so chooses. If
the public utility chooses to appeal to the governing body, further
appeal to the Public Utility Commissioners may be taken by the utility
within 35 days after action by the governing body.
A hearing on the appeal of a public utility
to the Public Utility Commissioners 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.
If, after such hearing, the Board of Public
Utility Commissioners shall find 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 Utility Commissioners, notwithstanding any provision of
this Part 4 or any regulation made under the authority of this Part
4.
Neither this Part 4 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 Utility Commissioners shall, after hearing, of
which any municipalities affected shall have notice, decide that the
proposed installation of the development in question is reasonably
necessary for the service, convenience or welfare of the public.
Nothing in this article 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 Utility Commissioners
by any court of competent jurisdiction according to law.