Borough of Florham Park, NJ Public Utility Poles and Facilities

Before a public utility places, replaces or removes a pole or underground facility located on or below a public right-of-way, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power, natural gas or other petroleum product, water, or telephone or other telecommunications service located in the municipality, the public utility shall notify the Borough Engineer's office, either in writing and/or telephonically, not less than 24 hours before undertaking any excavation related to the placement, replacement or removal of the utility pole or underground facility. This section will only apply when the placement, replacement or removal of the utility pole involves excavation of the public right-of-way.

The twenty-four-hour prior notice requirement of this chapter will not apply when the placement, replacement or removal of the utility pole or underground facility must be completed on an emergency basis in less than 24 hours to protect the public from imminent threat of bodily injury, death, or property damage. In the event the placement, replacement or removal of the utility pole or underground facility must be completed on an emergency basis, the public utility shall notify the Borough Engineer's office, either in writing and/or telephonically, as soon as reasonably possible, but in no event shall such notice be more than 24 hours after undertaking any excavation related to the placement, replacement or removal of the utility pole or underground facility.

For the purposes of this section, "underground facility" shall mean one or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power, natural gas or other petroleum product, water, or telephone or other telecommunications service.

§ 176-2 Removal and restoration.

After completing the work specified in § 176-1 of this chapter, 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 specified in § 176-1. The public utility shall make all reasonable efforts to comply with § 176-2 of this chapter if responding to an emergency condition.

§ 176-3 Underground utility installation.

[Added 12-17-2015 by Ord. No. 15-23]

To the fullest extent possible, all new or rerouted electrical, telephone, cable and/or similar building service utilities shall be installed underground from a utility pole within the public right-of-way located on the same side of street onto the property in question and to the building it will service. All work shall comply with the Borough Code and the appropriate codes, utility company standards and specifications adopted and in effect at the time of their installation. It is also the Borough’s desire to limit the number of underground conduits serving the property in question. Therefore, every effort shall be made by the owner or his agent to coordinate the installation of multiple underground utilities, such as electrical, telephone, cable and/or similar systems, by utilizing one utility pole servicing the property in question and by combining certain utilities into one conduit as permitted by applicable codes and utility company standards. Upon completion of the underground utility installation, as-built plans, in scale and in a manner acceptable to the Borough, indicating the location of the utilities shall be submitted to the Borough for inclusion with the appropriate permitting file.

It shall be the owner’s, applicant’s and/or agent’s responsibility to coordinate the installation with the appropriate utility as well as securing any easements, if necessary, for the timely installation. It shall be the responsibility of the owner to obtain and pay for any permits necessary for the proper installation of the work in question. In addition, it shall be the owner’s responsibility to ensure that the required inspections are conducted to ensure compliance with the appropriate codes, standards and specifications.

§ 176-4 Underground utility installation appeals.

[Added 12-17-2015 by Ord. No. 15-23]

All applications for the installation of new electrical, telephone, cable and similar building utility services shall, to the fullest extent possible, comply with these requirements. Where the proposed installation is technically infeasible, or creates “undue hardship,” or is not practical due to such conditions as, but not limited to: potential flood hazard, unstable or expansive soils, etc., an owner, applicant and/or agent may appeal the requirement to the appropriate authority having jurisdiction. Notwithstanding the requirements contained mandating the underground installation of new electrical, telephone, cable and similar services, an owner, applicant and/or agent aggrieved by these requirements may make an initial appeal to the Borough Engineer, Borough Construction Official and/or the Director of Community Services for relief. After consultation and review, their recommendation shall be made to the Borough Administrator, who shall make a final determination as to whether relief from the requirements of a mandatory underground installation is warranted.

After careful review, should a request for relief be denied by the Borough Administrator, the owner, applicant and/or agent may request relief by filing for a variance under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

§ 176-5 Temporary or emergency installations.

[Added 12-17-2015 by Ord. No. 15-23]

Where, in the opinion of the Construction Official, after consultation with the Borough Engineer and the Director of Community Services, the installation of an emergency, temporary, aboveground electrical, telephone, cable and/or similar building utility services is/are warranted, approval shall be given for the installation of such services on a temporary basis commensurate with the time necessary for the prompt repair and/or installation of new or existing underground services. In no case shall an emergency, temporary, aboveground service be allowed to remain for more than 60 days. A permit shall be required for the installation of any temporary, aboveground services.

The requirements for an underground service shall not apply in the following cases:

(1)

A temporary electrical service installed in connection with a validly issued construction permit. The temporary electrical service shall only be allowed during the time the construction permit is open and valid.

(2)

The scheduled repair, replacement or upgrade of an existing aboveground service shall be permitted to remain and be restored in the same location. Note: If the building service location is changed, a new underground building service shall be required.

(3)

For emergency work, as per Subsection B(2) above, the reattachment of an existing electrical building service damaged due to downed wires or similar conditions shall be allowed to be reattached and/or restored in the same location. Note: If the service location is changed, a new underground service shall be required.

§ 176-6 Exemptions.

[Added 12-17-2015 by Ord. No. 15-23]

This chapter shall not apply to the following facilities:

Electric utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with an approved site plan;

Electric transmission systems (including poles and wires) of a voltage of more than 35,000 volts, and facilities where the utility providing electrical energy provides, at its own expense, an underground streetlighting circuit including all conductors and conduit to a point on the poles at least 20 feet above ground level to serve utility-owned street and pedestrian lighting fixtures mounted on poles;

Ornamental streetlighting standards;

Telephone pedestals and other equivalent communication facilities;

Police and fire sirens, or any similar Borough equipment, including traffic control equipment.