[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 12-28-1972 by Ord. No. 1019 (Ch. 117 of the 1972 Code). Amendments
noted where applicable.]
All installations of underground utility mains, pipes, conduits
and other underground structures shall be made in a workmanlike manner,
properly connected with a system approved by the governmental agency
which regulates such system, adequate to handle all present and probable
future development which may reasonably be foreseen, and in accordance
with the provisions of all applicable federal and state laws and regulations
and the requirements of all Borough ordinances regulating the construction
of buildings, plumbing, sewers, streets and sidewalks.
Every person, firm, corporation or association which owns, maintains
or uses any mains, pipes, conduits or other underground structures
within the right-of-way of any street of the Borough of Sharon Hill
shall annually, on or before the first day of January in each year,
secure a license from the Borough Secretary so to own, maintain or
use.
[Amended 5-24-2012 by Ord. No. 1359]
Applicants for licenses shall, at the time such application
is made, pay to the Borough Secretary, for the Borough account, a
license application fee as set from time to time by resolution of
the Borough Council for each mile or fraction thereof in length of
its mains, pipes, conduits or other underground structures laid or
constructed within the rights-of-way of Borough streets, to compensate
the Borough for the costs of considering license applications, issuing
licenses and regulating the orderly installation, operation, maintenance
and repair of such mains, pipes, conduits or other underground structures
within the rights-of-way of Borough streets. The Borough Secretary
shall refer such applications to the Borough Superintendent for review
and approval and shall issue said license upon receiving notice of
approval of the application from the Borough Superintendent.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this article before any Magisterial District Judge shall
be sentenced to pay a maximum fine as provided from time to time by
state statute, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both.
No person, firm, corporation or association shall install, erect
or thereafter maintain any pole used for communication or other electrical
transmission within the right-of-way of any Borough street or any
other public place, or support any wires or cables thereon, unless
such person, firm, corporation or association has obtained a permit
therefor from the Borough.
Applications for such permits shall be submitted in writing
to the Borough Secretary, shall be signed by the person or an authorized
representative of the firm, corporation or association owning, maintaining
or using such poles, wires or cables, and shall set forth the size
and kind of poles to be installed, erected or maintained, the purpose
for which they are to be used, the exact location thereof, the number
and size of the wires or cables to be supported thereon, the purpose
for which such wires or cables are to be used, and the name and address
of the person, firm, corporation or association owning, maintaining
and using said poles, wires or cables.
All applications for permits shall be accompanied by a map or
plan, drawn to a uniform scale, showing the exact location of each
pole.
A.
Applications for permits to install or erect new poles or to replace
or remove poles shall be accompanied by a fee as set from time to
time by resolution of the Borough Council for the Borough account.
[Amended 5-24-2012 by Ord. No. 1359]
B.
Applications for permits to maintain existing poles and the wires
and cables supported thereon shall be made annually on or before the
first day of January and shall be accompanied by a fee as set from
time to time by resolution of the Borough Council for each pole and
for each mile or fraction thereof of wire or cable supported by such
poles.
[Amended 5-24-2012 by Ord. No. 1359]
C.
The fees required by this section shall be for the purpose of defraying
the costs of considering and issuing permits, inspections of installations
and removal of poles, and inspections of the condition of poles, wires
and cables.
All applications for permits shall be reviewed by the Borough
Superintendent, under the supervision of the Highway Committee of
the Borough Council. Upon notice of approval of the application by
the Borough Superintendent, the Borough Secretary shall issue the
permit.
A.
All poles shall be located at such points and in such manner as the
Highway Committee of the Borough Council or the delegate of said Committee
may direct. Unless the Highway Committee or its delegate shall direct
otherwise, the outer face of every pole shall be six inches inside
the established curbline of the street upon which it is located.
B.
The permittee shall notify the Borough Superintendent of the proposed
time and place of the erection, replacement or removal of any pole.
Such work shall be supervised and directed by the Borough Superintendent
or his delegate, who shall require the work to be done in accordance
with the permit authorizing it and the location prescribed in the
permit.
C.
No tree or trees standing upon or projecting into any street or highway
shall be cut or trimmed for the purpose of erecting any such pole
or poles except with the consent and under the supervision of the
Borough Superintendent or his delegate.
D.
Upon completion of the work, the Borough Superintendent or his delegate
shall certify in writing to the Borough Secretary that the work was
completed in accordance with the provisions of this article.
Any excavation made in any public street or sidewalk by any
permittee shall be made in accordance with the requirements of all
applicable state laws and regulations and all applicable Borough ordinances.[1]
Every pole within the right-of-way of any Borough street or
any other public place shall be plainly marked with the name or initials
of the person, firm, corporation or association owning, maintaining
or using the same, together with a distinctive number, which number
shall be noted on the map or plan required to be submitted with the
application for permit.
The Borough Secretary shall file and preserve copies of all
permits and applications for permits, as well as all maps, plans or
certificates required to be furnished, and shall enter in a book or
books to be kept for that purpose a record of the location, character,
purpose and ownership of all such poles, wires and cables.
A.
All poles, wires and cables shall be subject to inspection from time
to time by the Borough Superintendent or his delegate or by the Police
Department of the Borough of Sharon Hill. The person inspecting the
poles, wires and cables shall immediately report to the Chairman of
the Highway Committee of the Borough Council any defects in such poles,
wires or cables and any actual or threatened injury to any street,
sidewalk, tree or any thing or person caused thereby. The Chairman
of the Highway Committee shall thereupon notify the person, firm,
corporation or association owning, maintaining or using such poles,
wires or cables to correct such condition and may take such other
action as may in his judgment be proper.
B.
The person, firm, corporation or association owning, using or maintaining
such poles, wires and cables shall immediately correct any defect,
injury or dangerous condition caused thereby if the Chairman of the
Highway Committee shall deem such condition to be an emergency. All
other defects or injuries shall be corrected within three days after
the time of notice. In default of such correction, such defect, injury
or dangerous condition may be abated by the Borough. All corrections
of defects, injuries or dangerous conditions shall be accomplished
at the sole expense of the person, firm, corporation or association
owning, using or maintaining the poles, wires and cables affected,
and any expenses incurred by the Borough in abating such conditions
shall be collectible from the person, firm, corporation or association
owning, using or maintaining such poles, wires and cables, as provided
by law.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this article before any Magisterial District Judge shall
be sentenced to pay a maximum fine as provided from time to time by
state statute, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both.
