CHAPTER 686

AN ACT TO AMEND TITLE 26, CHAPTER 9, DELAWARE CODE, WITH REFERENCE TO THE LOCATION OF TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY LINES.

WHEREAS, the State of Delaware has a well-known reputation for its beauty and historical importance; and

WHEREAS, few things tend to mar the impact of the natural beauty of lands owned by the State and the housing areas within which live her citizens as the increasing jumble and tangle of poles and overhead telegraph, telephone and electric utility lines; and

WHEREAS, the public utility companies, the citizens and the government of the State have long noticed this growing problem and progressive utilities have been placing more and more new distribution lines underground; and

WHEREAS, although it is recognized that at present the costs of placing many existing lines underground are very expensive, it is the intention of all parties that in newer areas, especially in the construction of new housing developments, that new lines be undergrounded.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 26, Chapter 9, Delaware Code, by adding a new paragraph to Section 901, to be known and referred to as paragraph (c), which shall read as follows:

(c) All new extensions within a subdivision, of electric distribution, telephone, and telegraph lines applied for, after the effective date of this Bill, and necessary to furnish permanent service to new residential buildings in a subdivision having 5 or more building lots, or to new multi-occupancy buildings, shall be placed underground, except in situations where the Public Service Commission of Delaware determines that the placing of such utility lines underground is not feasible from an economic, engineering or physical standpoint. Such extension of service shall be made by the Utility in accordance with its rules and regulations which must be approved by the Delaware Public Service Commission.

Approved July 7, 1970.