[HISTORY: Adopted by the Borough Council of the Borough of Bradford Woods as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-1915 by Ord. No. 2; amended in its entirety 10-13-2003 by Ord. No. 386]
All poles, fixtures and devices for telephones, telegraphs, electric and other aerial wire lines which shall be erected or placed on the streets and highways of this Borough shall be erected and placed under the supervision of the Road Supervisor, and whenever so ordered by the Borough Council they shall be placed on alleys and lot lines dividing lots, and in cases where no alleys exist they shall run along rear lot lines, provided all necessary private rights-of-way can be secured without cost to the company maintaining such lines or to the Borough.
If any pole or fixture so erected or placed on any street, alley or highway is found to interfere with the public improvements, the company so maintaining the same shall, upon being notified by the Road Supervisor, remove such pole or fixture within 10 days of time from date of notice, at its own expense, from the objectionable place to a more suitable location on said street, highway or alley.
Before any pole, fixture or device shall be erected, the company proposing to erect the same shall submit to the Road Supervisor for approval a map or draft showing the proposed location of said pole, fixture or device, and, if approved by the Road Supervisor, the permit to erect the same at the proposed location or at such other location as the Road Supervisor may deem best shall be approved.
All poles erected under the provision of this article shall be reasonably straight and approved by the Road Supervisor before being set, planted not less than five feet in the ground, and shall be kept well painted by the company owning the same, and with its initials stenciled thereon. There shall be no wires, crossarms or other devices for suspending cables or wires placed at a less distance than 22 feet from the grade of the street, except for guying or anchoring purposes unless by permission of the Council.
All such companies now or hereafter operating within the Borough shall be governed by all legal ordinances of a general nature.
Any person, firm or corporation who shall violate any provision of this article or who shall fail to pay a charge for an application or license shall, upon conviction before the District Justice having jurisdiction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for not more than 30 days.
[Adopted 5-9-2005 by Ord. No. 396]
As used in this article, the following terms shall have the meanings indicated:
- ABOVEGROUND UTILITY STRUCTURES
- Utility poles, utility towers, and other ground set utility boxes, unit and structures designed and installed to support, encase or protect aboveground utility equipment.
- NEW RESIDENTIAL DEVELOPMENT
- Any residential use or occupation of land for which a subdivision or land development plan is hereafter approved by the Borough not heretofore serviced by the utility equipment of a utility service company.
- SERVICE LINE
- A wire, cable, fiber optic, pipe, pipeline or other line used to convey utility service from utility equipment to individual structures. Typically, service lines are owned and maintained by the property owner.
- UTILITY EQUIPMENT
- Wires, cables, fiber optics, pipes, pipelines or other transmission lines and all accessory equipment or facilities appurtenant thereto, installed or otherwise used for providing utility services including, but not limited to, telephone, television, electric light and power, data and information transmission, including Internet and intranet services, or natural gas, water or sewage services to any residential, commercial, industrial, institutional or other property within the Borough of Bradford Woods. Utility equipment does not include service lines.
- UTILITY SERVICE COMPANY
- Any person, partnership, corporation, company, agency or other private, public or quasi-public entity that, through the installation and use of utility equipment, provides and charges fees or rates for providing utility services regardless of whether such entity is a public utility as defined and regulated by the Pennsylvania Public Utility Commission or any other regulatory agency or body.
- UTILITY SERVICES
- The provision by means of utility equipment of water, sewerage, energy or communication signals and shall include, but not be limited to, telephone services, television, electric light and power services, electronic data and information transmission services (including Internet and intranet services, natural gas services, and water and sewage services).
From and after the effective date of this article, except as otherwise provided in this article, all utility equipment placed underground within the Borough of Bradford Woods shall be installed first by securing the necessary permissions, agreements, approvals or grants of easement, rights-of-way or other such interests in land prior to submitting proposed construction plans pursuant to this article.
Utility equipment proposed to be installed in Borough rights-of-way or other real property in which the Borough has an ownership or possessory interest (such as PRD's) and underground utility services which have been established will continue to use the same installation standards that have been set forth.
Utility equipment installed on the surface of ground will not be placed in such a manner to have devices that will hamper the esthetics of the Borough or land owner. Aboveground installations shall first secure the necessary permissions, agreements, approvals or grants of easement, rights-of-way or other such interest in land prior to submitting proposed construction plans.
Any person, partnership or corporation violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days; provided, each violation of any provision of this article, and each day the same is continued, shall be deemed a separate offense.