[Adopted 6-20-2000 by Ord. No. 355]
It shall hereafter be unlawful to maintain or install any wires, cables or other equipment for the transmission of electric current impulses, sounds, voices or communications, in, on, under or over any street, alley, sidewalk, or other public place in the Borough; or to maintain or install any pole or mast to support or hold such wires or equipment in any such place, without having fully complied with the provisions of this article.
No such wire, cable, pole or other equipment shall be installed or maintained over, on or under any such place unless the Borough Council has by ordinance expressed and granted its consent to such installation or maintenance.
A. 
No wires, cables or equipment for the purposes mentioned in § 115-21 of this article shall be installed above or over any such street, alley, sidewalk, park or other public place in the Borough after this article goes into effect, provided that replacements of overhead equipment lawfully maintained may be made, and equipment for servicing premises served from presently existing overhead wires or cables may be installed, over such public places. All other such wires and cables hereinafter installed shall be placed underground in conduits properly constructed, laid and maintained in accordance with the ordinances pertaining thereto. No such wire, cable or equipment shall be installed after this article goes into effect unless a permit for such installation shall have first been obtained. Applications for such permits shall be made in writing to the Borough Secretary and shall state the name of the applicant, the location, nature, size and purpose of the proposed installation, and shall refer to the grant or ordinance under which the applicant is authorized to maintain such equipment or wires. Each such application shall be accompanied by plans and specifications showing the location involved, the method of installation contemplated, and the nature of the proposed equipment.
B. 
Each such application shall be referred to the Borough Engineer or some other person designated by the Council, to determine whether the work contemplated complies with the ordinances of the Borough including but not limited to the Borough's Grading Ordinance and open cut requirements[1] and whether it would involve or cause damage to Borough property. No such permit shall be issued unless it appears that no such damage will ensue.
[1]
Editor’s Note: See Ch. 79, Grading, and Ch. 115, Art. III, Street Openings and Excavations, respectively.
C. 
No such permit shall be issued unless the applicant has filed with the Clerk a bond with a lawful corporate surety, or an indemnity insurance policy, in the sum of not less than $150,000, conditioned to indemnify and hold the Borough harmless against any claim for damages resulting from the performance of the work contemplated or any act done in pursuance thereof.
D. 
There shall be a fee paid to the Borough for each such permit in the amount of $0.25 for each 100 lineal feet of cable or wire to be so installed.
A. 
No person, firm or corporation which has been or may be granted permission to erect and maintain in any such public place any poles or fixtures necessary for communication by telephone or other electric signals shall permit such poles to be used to hold, support or carry any wires for any purpose, or belonging to any person, firm or corporation other than those designated in the grant of permission to maintain such poles or equipment.
B. 
No person, firm or corporation which has been or may hereafter be granted authority or permission to erect or maintain an electrical distribution system above the ground shall permit any pole, mast, or wire maintained by virtue of such grant of authority or permission to be used for any purpose, or by any person, firm or corporation, not designated in such grant or franchise.
C. 
Any wire which is supported, fastened to or carried by any pole or poles in the Borough at the present time in violation of the terms of this provision shall be removed and such violation shall be discontinued within six months of the time this article goes into effect.
A. 
Unless otherwise provided by specific grant of authority from the Borough to a person, firm or corporation authorized to maintain poles and wires in, under or over any such public place, each person, firm or corporation maintaining any pole or wire in or over any such public place shall pay the Borough therefor an annual fee of $2 for each pole and $0.05 for each 100 feet of wire or cable so maintained; provided that the fee for such wires maintained in a properly constructed conduit for which permission has been granted shall be $0.02 per each 1,000 feet of wire or cable. Such fee shall be payable annually in advance, on the first day of February to the Borough.
B. 
Each person, firm or corporation maintaining any such poles, wires or cables in any such public place shall file with the Borough during the month of January of each year a sworn statement showing the number and location of the poles so maintained and the number of lineal feet and location of all such wires or cables so maintained.
It shall be unlawful to construct or maintain any pipe or conduit beneath the surface of any street, alley, sidewalk, or other public place in the Borough, or to install or maintain any wire or cable beneath the surface of any such place, without having first obtained specific authority therefor by ordinance passed by the Borough Council. No such authority shall be granted unless the applicant shall file with the Borough Secretary a bond with corporate surety or an indemnity insurance policy in the amount of not less than $150,000, conditioned to indemnify the Borough against any loss or liability resulting from the construction or installation of such conduit, cable, or wire or any act in furtherance thereof.
With respect to those activities referred to in § 115-21, it shall be unlawful to make any excavation in, or tunnel under, any street, alley, sidewalk, park, or other public place, or to disturb or break the pavement of any such place, unless the person, firm or corporation doing such work shall have filed with the Borough Secretary a bond to guarantee the replacement of the surface thereof with proper packing or backfilling, in the condition it was in before the work was started. Such bond may be in the form of an undertaking, with a corporate surety, to complete such replacement within a reasonable period or to reimburse the Borough for the expense of doing so itself.
Each permit to install equipment granted under the provisions of this article shall expire within six weeks of the time of issuance, and no such permit shall authorize any work being done after such time.
It shall be the duty of the Borough Engineer, or some other person designated by the Council, to supervise all construction or installation work performed subject to the provisions of this article and to make such inspections as may be necessary to ensure compliance with the ordinances of the Borough in connection therewith.
A. 
When notice of any violation of, or noncompliance with, the provisions of this article has been given, such violation shall be discontinued immediately or within a reasonable time limit as specified in such notice. If such violation is not discontinued, or extends beyond the specified time limit, the proper Borough officer shall revoke all permits issued pursuant hereto and the violator shall be subject to the applicable penalty.
B. 
Any person violating any of the provisions of this article shall be liable on conviction thereof to a penalty not to exceed $500 plus costs of prosecution. Whenever such person shall have been notified by the proper Borough officer that he is committing such violation of this article, each day that he shall continue such violation shall constitute a separate offense punishable by a fine or penalty. In default of such payment, such person shall be imprisoned in the county jail for a period not to exceed 10 days.
C. 
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article.
D. 
Any work or other activity undertaken in violation of this article may be declared by Borough Council to be a public nuisance and abatable as such.