[HISTORY: Adopted by the Council of the Borough
of Lititz: Art. I, 10-31-1989 by Ord. No. 327, approved 10-31-1989. Amendments
noted where applicable.]
[Adopted 10-31-1989 by Ord. No. 327, approved 10-31-1989]
Whenever in this Article the words or phrases
hereinafter in this section defined are used, they shall have the
following definitions:
Poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cut-outs,
switches, communication circuits, appliances, attachments and appurtenances
located above ground in a district and used or useful in supplying
electric, communication or similar or associated services.
Removal and replacement of the cartway, curbs or sidewalks
in or along the public right-of-way involving a distance of at least
300 linear feet.
A plan presented and approved pursuant to the borough's Subdivision
and Land Development Ordinance.[1]
That area in the borough within which poles, overhead wires
and associated overhead structures are prohibited pursuant to the
provisions of this Article.
The Borough of Lititz is empowered by the terms
of the Borough Code codified at 53 P.S. § 47301 to establish
reasonable districts within which the underground placement of poles,
overhead wires and associated overhead structures is required. In
an effort to promote the health, welfare and safety of the residents
of the Borough of Lititz, the Borough Council has determined to create
certain underground utility districts. In order to allow affected
utility companies and others the time necessary to plan the relocation
of poles, overhead wires and associated overhead structures to conduits
in the districts, the Borough Council has also determined to require
relocation only in conjunction with reconstruction and subdivisions.
The borough's Historic District, as previously
defined, and all subdivisions approved after the effective date of
this Article are hereby established as underground utility districts.
Any future amendments or alterations to the Historic District shall
also be amendments or alterations to the underground utility district.
In the case of a new subdivision, the area depicted in the subdivision
plot plan shall become an underground utility district upon the filing
with the Lancaster County Recorder of Deeds of the approved subdivision
plot plan.
The borough shall give owners of poles, overhead
wires and associated overhead structures as much notice as possible
of anticipated reconstruction projects. In all cases, the borough
shall attempt to give such notice at least 100 days prior to the initiation
of reconstruction projects. The borough shall give notice by delivering
a description of the project to the owners at their principal places
of business.
A.
In the case of the underground utility district that
is coterminous with the borough's Historic District, it shall be unlawful
for any person or utility to erect, construct, maintain, continue,
employ or operate poles, overhead wires and associated structures
along any street in the district after completion of a reconstruction
of that street.
B.
In the case of underground utility districts coterminous
with new subdivisions, it shall be unlawful for any person or utility
to erect, construct, maintain, continue, employ or operate poles,
overhead wires and associated structures in the district.
Any person, firm or corporation violating any
provision of this Article shall be fined not less than $100 nor more
than three $300 for each offense; and a separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
This Article shall take effect 30 days after
it is approved.
