[Ord. 990, 3/16/1965, § 1]
From and after the effective date hereof it shall be unlawful
for any person or corporation to construct or commence construction
of any power line for the transmission of electricity within the Borough
of Phoenixville without having first submitted to the Borough Council
of the Borough of Phoenixville plans and specifications therefore
showing in detail the route of such line, the public improvements
and property owners whose lands the same shall cross, the methods
of construction, the proposed use of said line including the voltage
at which electricity will be transmitted, the proposed methods of
restoration of land surface, and such other information relating to
the project as the said Borough Council shall deem relevant.
[Ord. 990, 3/16/1965, § 2]
The Borough Council of the Borough of Phoenixville upon receipt
of such plans, specifications and other information shall conduct
a public hearing giving prior written notice thereof to all property
owners affected through which whose land the line shall pass and by
advertisement in one newspaper of general circulation in the locations
of the line. At said hearing all persons interested shall be entitled
to examine such plans and to be heard with regard to the same.
[Ord. 990, 3/16/1965, § 3]
Within 45 days after said hearing the Borough Council of the
Borough of Phoenixville shall render its decision as to the suitability
of the said plans, together with its requirements as to changes, if
any, which should be made in such plans and methods of construction
or in the location of the line, with particular reference to safety
of persons and property and the orderly development of the areas affected.
The Borough Council shall consider and endeavor to make a recommendation
with regard to the feasibility of construction of the transmission
line underground rather than by towers. Notice of the filing of said
report, together with information as to where copies may be obtained,
shall be published by the Secretary of the Borough of Phoenixville
in a newspaper of general circulation in the said Borough and copies
of said report shall be sent by the Borough Secretary to such State
or federal regulatory commissions or bodies having jurisdiction with
a request that such recommendations shall be made requirements for
construction.
[Ord. 990, 3/16/1965, § 4]
The provisions of this Part 2 shall not apply to transmission
lines to be constructed and located within or adjacent to the right-of-way
lines of public roads or within a single owner's lands other
than lands acquired for this purpose by the person or corporation
intending to transmit electricity, or to any line supported by single
poles the primary purpose of which is local, distribution of electric
power from a substation.
[Ord. 990, 3/16/1965, § 6; as amended by Ord. 1260,
8/10/1976, § 1; by Ord. 1607, 11/13/1989, § 4;
and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
