[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. 
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:
BOROUGH
The duly incorporated Borough of Hatboro, County of Montgomery, Commonwealth of Pennsylvania, in the United States of America.
BOROUGH COUNCIL
The duly elected members of the Borough Council of the Borough of Hatboro.
BOROUGH OFFICIAL
A duly appointed official of the Borough of Hatboro designated to enforce this Part.
CONTRACTOR
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.
DISTRIBUTION LINE
Any wire, pipe, conduit, and related appurtenances including poles and junction boxes. Distribution lines also include lateral runs and service lines to individual properties.
DOWNTOWN BUSINESS AREA
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.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust, or any other legally recognizable entity.
RIGHT-OF-WAY
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.
SIDEWALK
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.
STREET
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.
UTILITY
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.