[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 3-19-1975 as Ch. 142 of the 1975 Code. Amendments
noted where applicable.]
Hereafter before any pipelines or conduits for the transportation of
petroleum, petroleum products, gas, mineral products, water or electrical
current are laid and installed in the Township of Ridley, it shall be the
duty of such pipeline or utility company to determine from the Township Engineer
the grades which have been established in all streets contiguous to the lands
where such pipelines or waterlines and electrical conduits are to be laid.
In the event that no grades have been established for any such streets, it
shall be the duty of such pipeline company or utility company, at its own
cost and expense, to obtain the grades from the Township Engineer, which grades
shall then be approved by the Board of Township Commissioners.
After the determination of any such grade for streets as hereinbefore
set forth, no pipeline, waterline or electrical conduit may hereafter be installed
at any depth less than 30 inches from the top of the pipeline in said line
to the lowest established grade of any contiguous street or streets.
Before any installation shall be permitted as hereinbefore set forth,
such pipeline, waterline or utility company shall first make application in
writing to the Secretary of the Township to obtain its consent or permission,
which shall be given by ordinance only and upon such conditions, stipulations
and regulations as the Township Commissioners may deem proper.
A.
It is hereby declared that the provisions of this chapter
are severable one from another and severable as to the public utilities, persons
or corporations subject thereto and the subject matters respectively dealt
with thereby; and if for any reason one or more of such provisions is judicially
held to be unconstitutional or invalid as applicable to any particular public
utility, person or corporation or any particular subject matter dealt with
by such provision, or held to be unconstitutional or invalid in any wise for
any reason, such holding or decision shall not affect the validity of such
provision or provisions as applicable to other public utilities, persons,
corporations or subject matters dealt with thereby, or the validity of the
remaining provisions of this chapter. It is hereby declared that such provision
and the remaining provisions would have been ordained notwithstanding such
judicial determination of the invalidity of any such particular provision
or provisions in any respect.
B.
It is further declared that if it shall be determined
that the Pennsylvania Public Utility Commission has exclusive jurisdiction
to determine any rights herein regulated, after the issuance of a certificate
of public convenience and upon due notice to the Township of Ridley of application
therefor, the powers of the said Pennsylvania Public Utility Commission are
not hereby intended to be curtailed, restricted or infringed upon in any manner
whatsoever.
