ORDINANCE NO. 2009-06
BE IT ORDAINED BY THE BOARD OF THE COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS as follows:
Section 1. Chapter 12 of the Borough Code of the Borough of Harvey Cedars entitled “Building and Housing” is hereby amended and supplemented so as to add a new Section 12-10, which shall read as follows:
12-10 UNDERGROUND UTILITIES.
12-10.1 Installation Required. Subject to the requirements of State law and any regulations promulgated thereunder, prior to the issuance of a Certificate of Occupancy for new construction or major renovation within the Borough of Harvey Cedars, the property owner(s) shall have all utility lines for electric, telephone, TV cable or other like or similar services that serve residential and commercial customers, installed and placed underground, subject only to the exceptions hereinafter stated; however, above-ground placement, construction, modification or replacement of meters, gauges, transformers, street lighting (including poles upon which such street lighting is affixed) and service connection pedestals shall be allowed.
Major renovation is defined as any construction which exceeds fifty percent (50%) of the assessed value of the structure on the property.
12-10.2 Exceptions. Above-ground placement, construction, modification or replacement of lines shall be allowed in residential and commercial areas where the Board of Commissioners, following consideration and recommendation by the Planning Board, finds that:
1. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or,
2. Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground utility placement.
3. Notwithstanding any other provision of this Ordinance, existing or future infrastructure (which shall include, but not be limited to poles, wire, cables, transformers and other equipment) of Atlantic City Electric Company, its successor and assigns, along public streets and rights of way shall be exempt from the requirement of this ordinance.
12-10.3 Temporary Service. Above-ground placement of temporary service lines shall only be allowed:
1. During the new construction or major renovation of any project.
2. During any emergency to safeguard lives or property within the Borough.
12-10.4 Placement. All utility lines shall be placed within appropriate easements or dedicated public ways so as to cause minimum conflict with other underground services. Whenever feasible or required under State law and any regulations promulgated thereunder, all utilities shall be placed within the same trench.
12-10.5 Repair and Maintenance of Existing Utilities. Nothing in this Section shall be construed to prevent repair, maintenance, replacement or modification of existing overhead utility lines.
Section 2. If any provision, section, subsection, or paragraph of this Ordinance shall be declared unconstitutional, invalid, or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this Ordinance.
Section 3. This Ordinance shall take effect after final adoption and publication in accordance with law.
ADOPTED ON: May 1, 2009