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.