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Ordinances
TOWNSHIP
OF VERNON
ORDINANCE #05-15
AN ORDINANCE REGULATING THE PLACEMENT, REPLACEMENT AND
REMOVAL OF PUBLIC UTILITY POLES AND UNDERGROUND FACILITIES
IN THE TOWNSHIP OF VERNON, NEW JERSEY PURSUANT TO NJSA
48:3-17a
BE
IT ORDAINED by the Township Council of the Township of
Vernon, County of Sussex and State of New Jersey as follows:
1.
The Township of Vernon hereby adopts the provisions set
forth in NJSA 43:3-17a as hereafter set forth.
a. Before a public utility places, replaces or removes
a pole or an underground facility located in the Township
of Vernon within a 24 hour period, which pole, or underground
facility is used for the supplying and distribution
of electricity for light, heat or power, or the furnishing
of water service or telephone or other telecommunications
service on or below a public right of way in Vernon,
the public utility shall, in addition to other requirements
of law, notify an appropriately licensed municipal code
official of Vernon at least 24 hours before undertaking
any construction or excavation related to the placement,
replacement or removal of such pole or underground facility.
A pole means, in addition to the commonly accepted meaning,
any wires or cable connected thereto and any replacements
therefore which are similar in construction and use.
An underground facility means one or more underground
pipes, cables, wires, lines or other structures used
for supplying and distribution of electricity for light,
heat or power, or the furnishing of water service or
telephone or other telecommunications service.
b. After completing the placement, replacement or removal
of a pole or an underground facility pursuant to this
Ordinance, 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
actions 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 the
previous condition as much as possible. Hot patch means
the installation of a mixture of asphalt to restore
the property within the right of way to the condition
previous to the construction or excavation of the disturbed
site.
c.
In the event a public utility does not meet the requirements
of this Ordinance concerning the removal of debris and
the restoring of property as set forth herein within
90 days of the construction, the public utility shall
be subject to a fine not to exceed $100.00 per day until
the requirements of this Ordinance are met, except that
if a public utility is unable to complete the installation
of the hot patch due to the unavailability of asphalt
during the time period from November through April,
the public utility shall not be required to install
the hot patch until 60 days immediately following the
end of said time period. At least five business days
prior to the end of the 90 day period set forth above,
Vernon shall notify the public utility that the penalties
authorized herein shall be assessed against the public
utility as set forth herein unless the public utility
complies with the provisions of this Ordinance. Penalties
imposed under this Ordinance shall be collected or enforced
in a summary manner, without jury, in any court of competent
jurisdiction pursuant to NJSA 2A:58-10 et seq. The Superior
Court and a Municipal Court shall have jurisdiction
to enforce this Ordinance.
d.
In the case of the placement, replacement or removal
of a pole or underground facility utilized by two or
more public utilities, the public utility last removing
pipes, cables, wires, lines or other structures shall
be liable for the provisions set forth herein unless
the public utilities have agreed differently in writing.
e. 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 or 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 which require immediate
action by a public utility to prevent bodily harm or
substantial property damage from occurring, the provisions
of this Ordinance regarding notice shall not apply when
the public utility undertakes any construction or excavation
related to the activities set forth in this Ordinance
in response to such emergency provided that notice is
provided by the public utility at the earliest reasonable
opportunity and the public utility complies with all
other provisions of this Ordinance after responding
to the emergency.
2. A copy of this Ordinance shall be provided by the Township
Clerk to all public utilities conducting business or having
facilities in the Township of Vernon after adoption according
to law.
3. All ordinances or parts of ordinances or resolutions
that are in conflict with the provisions of this Ordinance
are repealed to the extent necessary.
4. If any article, section, subsection, term or condition
of this Ordinance is declared invalid or illegal for any
reason, the balance of the Ordinance shall be deemed severable
and shall remain in full force and effect. 5. This Ordinance
shall take effect after publication and passage according
to law.
NOTICE
NOTICE
IS HEREBY GIVEN that the above ordinance was introduced
and passed on first reading at the Regular Meeting of
the Township Council of the Township of Vernon in the
County of Sussex, State of New Jersey held in the Municipal
Building on May 9, 2005 and the same came up for final
passage at the Regular Meeting of the Township Council
held on May 23, 2005, at which time, after persons interested
were given an opportunity to be heard concerning said
ordinance, the same was passed and will be in full force
in the Township according to law.
________________________
IRA WEINER, MAYOR
____________________________
PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK
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