[Ord. 936, 11/27/2000, § 401]
This Part shall be known as the "Underground Installation of
Public Utility Distribution Lines Ordinance of the Borough of Hatboro."
[Ord. 936, 11/27/2000, § 402]
Boroughs may define by ordinance a reasonable district in which
electric light, electric power, telephone, telegraph, and other types
of wires to be placed underground in conduits owned and constructed
either by the Borough or by corporations owning such wires or by corporations
organized for the purpose of laying such conduits and renting space
therein. May 4, 1927, P.L. 519 Art. XXIII, § 2303, as amended,
Act of July 10, 1947, P.L. 1621, § 66, 53 P.S. § 47301.
[Ord. 936, 11/27/2000, § 403]
It is the intent of this Part to preserve and protect the existing
character and aesthetics of the downtown shopping area in the Borough
of Hatboro after the 1999/2000 installation of new street lighting
and to insure future utility installation will be placed underground
in the conduits in place for that purpose or in new conduit or trench
as required by this Part.
[Ord. 936, 11/27/2000, § 404]
1.
In interpreting this Part, the singular shall include the plural
and the masculine shall include the feminine. The word "person" includes
natural person, partnership, firm, association, corporation, or Borough
authority.
2.
BOROUGH
BOROUGH COUNCIL
BOROUGH OFFICIAL
CONTRACTOR
DISTRIBUTION LINE
DOWNTOWN BUSINESS AREA
PERSON
RIGHT-OF-WAY
SIDEWALK
STREET
UTILITY
The following words when used in this Part shall have the meaning
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, in the United States of America.
The duly elected members of the Borough Council of the Borough
of Hatboro.
A duly appointed official of the Borough of Hatboro designated
to enforce this Part.
Any person who is contracted, employed, or appointed to perform
construction, repair, rehabilitation, demolition, paving, or electrical
work on any utility line in the Borough, whether it is a general contractor,
subcontractor, specialty contractor, or home improvement contractor.
Any wire, pipe, conduit, and related appurtenances including
poles and junction boxes. Distribution lines also include lateral
runs and service lines to individual properties.
The entire right-of-way known as York Road extending south
from the north side of Summit Avenue to the south side of Horsham
Road.
Any individual, partnership, limited partnership, association,
corporation, trust, or any other legally recognizable entity.
A public street, road, or highway, lane, alley, sidewalk,
or footpath officially dedicated and accepted by the Borough of Hatboro.
Right-of-way shall include all that area between the legal right-of-way
lines.
A paved area lying between the curb line and the right-of-way
or property line. Usually a fixed and proportional width of the total
distance between opposite street lines, the sidewalk is public property
but is maintained by the adjoining property owner at the owner's
responsibility and cost.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Hatboro and established
for the use of vehicles.
Any public or private company which owns, leases, or uses
distribution lines or systems including, but not limited to, lines
which carry electric light, electric power, telephone, cable, or pipes
which carry gas or water or other liquids.
[Ord. 936, 11/27/2000, § 405]
1.
The Borough of Hatboro recognizes that the Pennsylvania Public Utility
Commission has control and authority over rules and regulations concerning
the installation, maintenance, and standards for all public utilities
operating within the Commonwealth of Pennsylvania. The following regulations
are not intended to counter PaPUC authority but to provide for a mutually
agreeable format to insure that the legislative intent of this Part
is achieved and a good working relationship between the Borough of
Hatboro and public utility companies exists. Wherever there is conflict
between portions of this Part and PaPUC regulation or court precedent
exists, the PaPUC regulations and court precedent shall prevail.
A.
Before any work is commenced on installation of any utility distribution
lines in the downtown business area, the utility or contractor shall
comply with the Pennsylvania Utility Line Protection Law, Act 287
of 1974 as amended by Act 187 of 1996, 73 P.S. § 176 et
seq., and as may be amended. Further, the utility or contractor shall
notify the Borough official at least 30 days prior to the expected
start date of the scope of project, length of time for construction
and expected completion date.
B.
Before any work is commenced in preparation of installing the utility
distribution lines underground, the utility company or its contractor
shall provide to the Borough official an official sketch plan with
10 copies for review by the Borough of Hatboro. The plans shall demonstrate
a coordinated design with regard to other existing utilities or physical
features.
[Ord. 936, 11/27/2000, § 406]
1.
All public utility distribution lines in the downtown business areas
are required to be placed underground.
2.
Whenever the replacement or relocation of existing aboveground utility
lines is required in the downtown business area, the entire line to
be replaced or relocated shall be installed underground. Whenever
an existing aboveground distribution line in the downtown business
area needs repairs requiring replacement of 25% or more of the line(s),
poles, or other appurtenances thereto, the entire line shall be installed
underground.
3.
Every utility company shall install any new distribution lines underground
in the downtown business area.
4.
The installation underground of all utility distribution lines shall
be located in the same general vicinity as the other utility lines.
Whenever possible, new lines shall be located under the pavers in
the sidewalks in existing conduit installed for this purpose, except
when such installation would cause a safety hazard or violate a PaPUC
regulation.
5.
Any tree, shrubbery, or other property improvement, including sidewalks,
curbs, driveways, etc., which existed in the right-of-way prior to
the start of the project that is damaged as a result of the project,
shall be replaced by the utility within 30 days of completion of the
project.
[Ord. 936, 11/27/2000, § 407]
Any person 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 payment 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.
