[HISTORY: Adopted by the Council of Latrobe 7-13-1981 by Ord. No. 1981-2 as Ch. XIII, Part 7, of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 154.
A.
The following portion of Latrobe is hereby defined
as an Underground Utility District:
(1)
Central Urban Renewal Area No. 1 located in Latrobe,
County of Westmoreland, Commonwealth of Pennsylvania, and generally
bounded and described as follows:
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Beginning at the intersection of the northeastern
line of Alexandria Street and the northwestern line of Weldon Street
proceed as follows:
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Southeasterly along the northeastern line of
Alexandria Street to the southeastern line of Spring Street; thence
southwesterly along the southeastern line of Spring Street to a property
line, said property line being parallel to and 140 feet distant from
the northeastern line of Ligonier Street; thence southeasterly along
said property line to the northwestern line of an alley, said alley
parallel to and midway between Spring and Chestnut Streets; thence
northeasterly along said northwestern line of said alley 40 feet to
a property line extended; thence southeasterly along said property
line and its extension to the southeastern line of Chestnut Street;
thence southwesterly along the southeastern line of Chestnut Street
and its extension to the western line of Jefferson Street;
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thence northwesterly along the western line of Jefferson Street
to the western line of Spring Street; thence northeasterly along the
western line of Spring Street to a line, said line being tangent to
the Loyalhanna Creek Flood Control Project eastern right-of-way line;
thence northwesterly along said line to the eastern right-of-way line
of the flood control project; thence northwesterly and westerly along
said right-of-way line to the southeastern line of Depot Street; thence
northeasterly along the southeastern line of Depot Street to the northeastern
line of Jefferson Street; thence southeasterly along the northeastern
line of Jefferson Street to the northwestern line of Weldon Street;
thence northeasterly along the northwestern line of Weldon Street
to the northeastern line of Alexandria Street, which is the point
of beginning.
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(2)
Central Urban Renewal Area No. 2 located in Latrobe,
County of Westmoreland, Commonwealth of Pennsylvania, and generally
bounded and described as follows:
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Beginning at the intersection of the southeastern
right-of-way line of the Pennsylvania Railroad and the northeastern
line of Buff Street proceed as follows:
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Southeasterly along the northeastern line of
Buff Street to the southeastern line of Depot Street; thence southwesterly
along the southeastern line of Depot Street to the northeastern line
of Alexandria Street; thence southeasterly along the northeastern
line of Alexandria Street to the northwestern line of Main Street;
thence northeasterly along the northwestern line of Main Street 100
feet to a property line extended; thence southeasterly along said
property line and its extension to the northern line of an alley,
said alley parallel to and midway between Main and Weldon Streets;
thence easterly along the northern line of said alley a distance of
40 feet to a property line extended; thence southerly along said property
line and its extension to the southern line of Weldon Street; thence
westerly along the southern line of Weldon Street to the northeastern
line of Alexandria Street; thence northwesterly along the northeastern
line of Alexandria Street to the northwestern line of Weldon Street;
thence southwesterly along the northwestern line of Weldon Street
to the northeastern line of Jefferson Street; thence northwesterly
along the northeastern line of Jefferson Street to the southeastern
line of Depot Street; thence, southwesterly along the southeastern
line [of] Depot Street to the northern line of the Loyalhanna Creek
Flood Control Project; thence westerly along said right-of-way line
to the southeastern right-of-way line of the Pennsylvania Railroad;
thence northeasterly along said railroad right-of-way line to the
northeastern line of Buff Street, which is the point of beginning.
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All of the area described in § 333-1 is designated as an Underground Utility District and subject to the terms and conditions of this chapter. It is acknowledged that the progress of construction and reconstruction within the designated Underground Utility District will proceed at varying rates. Therefore, the Council of Latrobe shall hereafter designate by resolution those portions of the district that §§ 333-3 through 333-14 shall affect. Upon passage of the resolution, §§ 333-3 through 333-14 shall be mandatory as of the date of the resolution.
Any person, firm, association or corporation having, owning, possessing, maintaining or operating any wires or cables for electric light, electric power, telephone or telegraph purposes in, on, over, above, along or across any portion of the said district described in § 333-1, above, is hereby directed and required to remove such wires or cables within said district as are aboveground and, at the discretion of such owner, install such wires or cables in underground conduits within said district or to otherwise relocate the same outside of said district aboveground or underground, provided that pad-mounted transformers are specifically exempted from this section and shall be allowed in the district.
Further installations of wires or cables as described in § 333-3 above may be installed within said district for temporary purposes but shall be removed, along with all such existing wires or cables, according to the schedule for completion of work hereinafter set forth. After such existing and additional temporary wires or cables are once removed, there shall be no further installation thereof aboveground within said district.
Any person, firm, association or corporation having, owning, possessing, maintaining or operating any wires or cables for the transmission of radio or television or other types of electric or electronic signals in, on, over, above, along or across any portion of said district described in § 333-1 above is hereby directed and required to remove such wires or cables within said district as are aboveground and, at the discretion of such owner, install such wires or cables in underground conduits within said district or to otherwise relocate the same outside of the said district aboveground or underground.
Further installations of wires or cables as described in § 333-5 above may be installed within said district for temporary purposes but shall be removed, along with all such existing wires or cables, according to the schedule for completion of work hereinafter set forth. After such existing and additional temporary wires or cables are once removed, there shall be no further installation thereof aboveground within said district.
All wooden poles within said district used for
the support of overhead wires or cables as prohibited above shall
be similarly removed and prohibited according to the schedule of completion
of work as hereinafter set forth; provided, however, that any wooden
poles within said district whereon there are existing street illumination
lamps may be continued in place until such time as they are replaced
by metal lamp poles, to be installed at the discretion of Latrobe
in conjunction with its agreements with West Penn Power Company; and
provided, further, that such existing wooden lamp poles shall be powered
through underground wiring to the pole.
Any person, firm, association or corporation
installing such wires or cables underground shall place the same in
conduits not less than 30 inches beneath the surface of the ground.
Said wires, cables and conduits shall be of such type, material and
construction as the owner thereof shall determine, provided that the
same meet all of the requirements and specifications therefor, if
any, that may be established by the Public Utility Commission of Pennsylvania
and (where laid within a state highway right-of-way) by the Commonwealth
of Pennsylvania Department of Highways and other ordinances and regulations
of Latrobe.
The owners of any conduit constructed in pursuant
of this chapter may, at the discretion of such owners, lease, license
or otherwise provide space within such conduit for the occupancy and
use by other owners of wires or cables.
Planning and design shall be completed and work shall commence on the removal of the said overhead wires and cables and the construction where necessary of underground conduits not later than six months from the date of the resolution referred to in § 333-2.
All work in connection with the removal of poles, wires or cables and the construction of conduits and the placing of wires or cables therein shall be completed within 18 months of the date of the resolution referred to in § 333-2.
If it shall be finally determined by any court of competent jurisdiction that any section, part of section, subsection, part of subsection, provision or part of a provision of this chapter is unlawful, unconstitutional or unreasonable or if any court of competent jurisdiction should rule that Latrobe may not regulate any portion, parcel, subsection or part of subsection of the underground wiring district as defined in § 333-1, above, so as to affect the legal validity thereof, such determination by such court shall not affect the legal validity of the remainder of this chapter or the remainder of such underground wiring district.
The Solicitor is authorized and directed to
institute appropriate actions or proceedings at law or in equity in
the courts of the Commonwealth of Pennsylvania to require full compliance
with the provisions of this chapter.
[Amended 4-23-1996 by Ord. No. 1996-5]
Any person, firm, association or corporation
violating any provision of this chapter shall, upon conviction thereof,
be sentenced to pay a fine not to exceed $600 for each offense, recoverable
with costs, and, in default of payment of such fine and costs, to
a period of imprisonment not exceeding 30 days. Each day that a violation
shall continue shall constitute a separate offense and shall be punishable
as such. Each pole, wire or cable that shall be operated or maintained
in violation hereof shall constitute a separate offense and shall
be punishable as such. In the case of firms or associations, the penalty
may be imposed upon the partners or members thereof, and in the case
of corporations, upon the officers thereof.
