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.
Any person violating any of the provisions of this chapter shall be subject to a fine pursuant to Chapter
1, Article
II, General Penalty, of the Borough Code.