[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 6-19-2000 by Ord. No. 1190-2000 (Ch. 200, Art. I, of the 1975 Code). Amendments noted where applicable.]
As used herein, the term "public utility" shall mean every individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever, their successors, heirs or assigns, that now or hereafter may own, operate, manage or control within this state any railroad, street railway, traction railway, autobus, charter bus operation, special bus operation, canal, express, subway, pipeline, gas, electric light, heat, power, water, oil, sewer, solid waste collection, solid waste disposal, telephone or telegraph system, plant or equipment for public use under privileges granted or hereafter to be granted by this state or by any political subdivision thereof.
Any public utility which replaces a pipeline, facility or fixture located below the surface with a new or replacement pipeline, facility or fixture shall be required to locate the new pipeline, facility or fixture below the surface or below ground level.
On any parcel where soil conditions, rock formations, woods or other special conditions exist and the public utility deems it a hardship to comply with the provisions of this chapter, the public utility may apply to the Mayor and Council for a waiver of the requirements of this chapter. In connection with such appeal, the public utility shall have the burden of proof that existing conditions preclude the placement of the pipeline, facility or fixture underground or below the surface. Absent a showing by the public utility that the pipeline, facility or fixture may not be installed on a portion of the subject premises entirely underground, the Mayor and Council may grant a waiver of this requirement subject to such conditions such as location, buffering and landscaping as may be reasonably imposed.