SECTION 1. - DEFINITIONS

• Pole - Means in addition to its commonly accepted meaning any wires or cable connected thereto and any replacements which are similar in construction and use.
• Underground Facility - Means one or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power or for providing for water service or for the furnishing of telephone or other telecommunications service.

SECTION 2. - NOTIFICATION - Before a public utility places, replaces or removes a pole or an underground facility located in the City of Elizabeth, within a 24 hour period, which pole or underground facility is used for the supplying or distribution of electricity for light, heat or power, or for the furnishing of water service or telephone or other telecommunications service on or below a public right of way in the City of Elizabeth, the public utility shall notify in writing, which may be by Fax or e-Mail between the hours of 9:00 a.m. to 4:00 p.m., Monday to Friday, excluding holidays, the Construction Official or his designated Code Official, before undertaking any construction or excavation related to the placement, repiacement or removal of such pole or undergound facility. SECTION 3. - REMOVAL & RESTORATION - 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 placement, replacement or removal 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 its previous condition as much as possible. As used in this section, “hot patch” means the installation of a mixture of asphalt to restore property within the right of way to its previous condition subsequent to the construction or excavation of a site required for the placement, replacement of a pole or an underground facility pursuant to this section. SECTION 4. - FAILURE TO REMOVE DEBRIS AND RESTORE PROPERTY - In the event a public utility does not meet the requirements of Section 3 of this ordinance concerning the removal of debris and the restoring of property including, but not limited to, the installation of a hot patch, within a right of way to its previous condition within 90 days of placement, replacement, or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed $100.00 each day until the requirements of Section 3 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November through April period. SECTION 5. - VIOLATION NOTICE - At least five business days prior to the end of the 90-day period established by Section 4, the municipality shall notify the public utility that the penalties authorized by this ordinance shall begin to be assessed against the utility after the end of the 90-day period unless the utility complies with the requirements of Section 3 of this ordinance. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by “The Penalty Enforcement Law of 1999,” (N.J.S.A. 2A:58-10 et seq.). The Superior Court and Municipal Court shall have risdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under Section 3 of this ordinance unless a written agreement between the public utilities provides otherwise. SECTION 6. - EMERGENCIES - 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 of 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 both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of Section 2 of this ordinance shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the (Appropriately Licensed Municipal Code Official) of the City of Elizabeth at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of Section 3 of this ordinance after responding to the emergency. SECTION 7. - All ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed. SECTION 8. - If any portion or clause of this ordinance is declared invalid for any reason whatsoever, same shall not affect the validity or constitutionality of any other part or portion of this ordinance. SECTION 9. - The effective date of this ordinance shall be twenty (20) days after its final passage by City Council and approval by the Mayor at the time and in the manner provided by law.