[HISTORY: Adopted by the Board of Supervisors of the Township of
Hempfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1988 by Ord. No. 88-20]
All sidewalks shall be constructed and repaired upon the line and grade
within the rights-of-way of roadways and streets dedicated to Hempfield Township
pursuant to the within article and shall be done as follows:
A.
Sidewalks shall have a minimum width of four feet and
a maximum width of five feet.
B.
Sidewalks shall be built and constructed of concrete
masonry or brick or similar materials, but no asphalt sidewalks may be constructed.
C.
Sidewalks shall follow the line or the grade of the street
and shall not have contained therein any steps.
D.
Sidewalks shall be sloped for proper water runoff as
deemed appropriate by the Engineer of Hempfield Township.
E.
There shall be one-half-inch expansion joints between
the sections of sidewalk construction, at a maximum distance of every 20 feet.
F.
Sidewalks constructed of concrete or similar masonry
material shall have reinforced wire or a fiberglass substitute or similar
material contained therein for strengthening purposes.
G.
Sidewalks shall have a minimum thickness of 3 1/2
inches.
H.
Sidewalks shall conform to the adjacent earthen areas
as to elevations.
I.
If sidewalks are made of concrete or similar masonry
material, they shall be broom finished and not have a smooth surface.
J.
All sidewalks shall be built no closer than four feet
from the curbline of the street or road adjacent to said sidewalk area.
At any time during the construction of sidewalks within the rights-of-way
of Hempfield Township, the Township Engineer may inspect the construction
work and order stoppage of construction if the Engineer determines that such
construction is not in accordance with this article.
Responsibility for removal of snow, ice and other obstructions is that
of the owner, occupant or tenant of every property abutting along a sidewalk
as defined in this article, whether built before or after the passage of this
article, and said persons are hereby required to remove or cause to be removed
from all sidewalks in front or alongside of said property the snow, ice and
other obstructions in the following manner:
A.
All snow and ice falling or formed thereon shall be removed
within 10 hours after the same shall have ceased to fall or be formed, provided
that snow or ice that has ceased to fall or to be formed after 6:00 p.m. of
any evening may be removed at any time before 10:00 a.m. of the following
morning. Further, no such snow or ice shall be placed upon any street or alley.
B.
All obstructions of any nature whatsoever located upon
a sidewalk as defined herein shall be removed therefrom immediately by the
property owner so that the passage of pedestrians along such sidewalk shall
not become dangerous or be interfered with.
C.
Any sidewalk that falls in disrepair so that the area
of the walkway has contained therein potholes or damaged areas or areas that
have risen because of weather or other factors so that there is more than
a three-inch difference between the area which has risen or fallen shall be
immediately repaired so that the same does not cause a dangerous condition
to pedestrians and persons using said sidewalk.
Any person engaged in delivering any goods, wares or merchandise to
any property abutting upon any sidewalk or in removing any personal property
of any nature or character whatever from such property may temporarily, for
a total period of not more than three hours, place such goods, wares or merchandise
or other personal property upon such sidewalk as to facilitate the loading
or unloading of the same so long as passage by pedestrians on said sidewalk
is not obstructed. The occupant of such property or the owner thereof, where
such property is not occupied, shall be responsible for adhering to the requirements
of this section, and any failure to conform to such requirements shall constitute
a violation of this article.
A.
Any person engaged in the construction, reconstruction
or repair of any sidewalk may obstruct such sidewalk and may block off such
sidewalk where necessary for the protection of the public and the pursuance
of such work, provided that a permit for such obstructions shall first be
obtained from the Hempfield Township Ordinance Office, the fee for which shall
be $15 per week or fraction thereof.
B.
Further, every such obstruction, whether comprising materials,
tools, supplies or blocked off portions of the sidewalk shall be adequately
guarded and blocked off and, between sunset to sunrise, shall be indicated
by one or more warning lights.
Any person desiring to disturb the surface of any sidewalk, for any
purpose whatever, shall first obtain a permit from the Hempfield Township
Ordinance Office, for which the fee shall be $15 for each week or fraction
thereof the surface remains open or disturbed. The permit shall state any
safety requirements, the manner of reconstruction and an expiration date.
The requirement of said permit is in addition to and does not substitute for
any other requirements as set forth in this article or any other ordinance
of the Township of Hempfield pertaining to construction, reconstruction, repair,
repaving and maintenance of said sidewalk, provided that no other permit with
respect to obstruction of the sidewalk required by this article shall be necessary.
It shall be unlawful for any person, firm or corporation engaged in
selling goods, wares or merchandise or occupying stores or warehouses within
the Township of Hempfield or any other person, firm or corporation to place
upon the sidewalks of the Township of Hempfield, or stand upon, shall for
support, erected upon or extending over the sidewalks or any part thereof
any goods, wares or merchandise for sale, display or storage.
No steps, signs, platforms, passageways, enclosures, bulk or jut windows,
porches or jambs or any other similar obstructions shall be placed in or upon
sidewalks.
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, partnership, association, municipal authority,
firm or corporation. The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996
by Ord. No. 96-4]
Any person, partnership or corporation who or which shall violate the
provisions of this article shall, when found by the District Justice to have
violated this article, be subject to a civil fine not to exceed $600, plus
all court costs and reasonable attorney's fees incurred by Hempfield
Township in the enforcement of this article in a civil enforcement proceeding.
Each day's violation shall constitute a separate enforceable offense.
[Adopted 6-25-2001 by Ord. No. 2001-13]
Unless the context specifically indicates otherwise, the meanings of
the terms used in this article shall be as follows:
The person who has applied for a right-of-way permit or a construction
permit.
The form prescribed by the township which the applicant must complete
in order to obtain a right-of-way permit.
The building, erection, or installation in, on or under a right-of-way.
It does not include maintenance or repair of equipment in a right-of-way.
The document that must be obtained before a person may perform construction
in a right-of-way.
An interruption of service or a condition that poses a clear and
immediate danger to life or health, or significant loss of property.
Any tangible property located or proposed to be located in a right-of-way,
including, but not limited to, wires, lines, cables, conduits, pipes, supporting
structures or other facilities.
When used in conjunction with rights-of-way, means over, above, in,
within, on or under a right-of-way.
Work of a minor nature that will keep an existing condition from
failure or decline.
The person obtaining a right-of-way permit.
Any individual, firm, partnership, association, corporation, company
or other business entity.
The process by which a right-of-way is returned to a state that is
as good or better as its condition before construction.
The surface and space in, on, above and below any real property in
which the township has an interest in law or in equity, including, but not
limited to, any public street, boulevard, avenue, road, highway, easement,
freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge,
park, green space or any other place.
A written authorization granted by the township to an applicant for
use of the rights-of-way in the township for wires, lines, cables, conduits,
pipes, supporting structures and other facilities.
The services offered to customers involving the transmission of video,
data and/or voice communications and/or content, both active and interactive
and associated usage.
A system used or to be used to provide telecommunications services.
All equipment that is located wholly or partially underneath a right-of-way.
A.
No person shall enter upon or occupy any right-of-way
for the purpose of installing, constructing, maintaining or operating a telecommunications
system without first having obtained a right-of-way permit. Any person maintaining
or operating a telecommunications system as of the effective date of this
chapter shall also obtain a right-of-way permit.
B.
Before a right-of-way permit is issued, the holder of
or applicant for a right-of-way permit shall have applied for any and all
regulatory approvals, permits or authorizations from the appropriate federal
and state authorities, if required. Upon the request of the township, the
applicant shall submit written evidence of its applications for or receipt
of all such approvals, permits or authorizations.
C.
Nothing in this article shall be construed as a waiver
of any ordinances or regulations of the township or the township's right
to require prospective or current right-of-way permit holders to secure and
remit payment for any and all required permits or authorizations.
A.
A right-of-way permit shall only be granted after an
applicant has completed an application in the form that has been prescribed
by the township, which form may be revised from time to time. Upon request,
an applicant shall be provided with a copy of the then current application
for a right-of-way permit. The application shall request information regarding
the applicant's proposed actual physical use and occupation of the rights-of-way.
(1)
Specifically, the application shall request:
(a)
A brief description of the telecommunications service
or services to be offered or provided in or through the township;
(b)
Specific information regarding the equipment it proposes
to place or currently maintains in the rights-of-way;
(c)
The expected physical burden that such equipment will
place or does place on the rights-of-way; and
(d)
Whether the equipment will or does have a detrimental
effect on public safety as it relates to the rights-of-way.
(2)
If the completed application does not fully provide such
requested information, the township may request such additional information
as is necessary to enable it to make a determination regarding the physical
use and occupation of the rights-of-way by the applicant. The application
may request less information from a permit holder applying for a renewal of
a right-of-way permit.
B.
Upon submission of a fully completed application to the township and the accompanying fee, the township shall review the application as follows. For new applicants, the township shall grant or deny such applications within 20 business days. For existing permit holders applying for a renewal of their permits, who are not under suspension in accordance with § 75-14 below, the township shall grant or deny such applications within 10 business days. If the township fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, the township shall review the application to determine whether such use would have a detrimental effect on public safety as it relates to the rights-of-way or would place an undue physical burden on the rights-of-way.
C.
In considering an application, the township may use such
outside experts as it deems necessary. In the event the township deems it
necessary to employ an outside expert to advise the township with respect
to a particular application, the reasonable costs of such expert shall be
borne by the applicant.
A.
The right-of-way permit shall be issued for a period
of one year. Permit holders may apply for a renewal of a right-of-way permit
prior to its expiration. The township may suspend such right-of-way permit
in the event any one or more of the following has occurred:
(1)
The permit holder shall have caused damage to township
property or the right-of-way without the prior consent of the township (except
in the case of an emergency) and without completing proper restoration.
(2)
The permit holder or the permit holder's equipment
in the right-of-way has had a detrimental effect on public safety as it relates
to the rights-of-way.
(3)
The permit holder failed to pay any of the fees required
under this article.
B.
If the township has reason to believe that one or more
of the above events have occurred, it shall notify the permit holder in writing.
The permit holder shall have 20 business days to cure the violation, unless
the township reasonably determines that the event is an emergency, in which
case the township may impose a shorter time period to cure the violation.
C.
If the permit holder fails to cure the violation within
the specified time period, the township shall be permitted to immediately
suspend the right-of-way permit. A suspension shall be brought to the attention
of the Board of Supervisors at its next meeting at which time Board of Supervisors
shall be permitted to uphold or withdraw the suspension. The permit holder
shall be provided an opportunity to be heard at such meeting.
A.
Except in the case of an emergency, before commencing
any construction in the rights-of-way, a person shall submit to the township
detailed plans of the proposed construction activity. Such plans shall include
the type of construction activity, the equipment proposed to be installed
or erected, the specific locations of the construction activity and the scheduled
beginning and ending dates of all planned construction. Such plans shall also
include the name(s), address(es) and experience of any and all subcontractors
whom applicant intends to utilize. In addition, the permit holder must submit
to the township a disaster protocol showing in detail permit holder's
plan for responding to an emergency or disaster in the township. Such information
may be submitted concurrently with an application for a right-of-way permit.
B.
Upon submission of all such information required in Subsection A above, the township shall review such information and either grant or deny a construction permit within 20 business days. If the township fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the township shall review the information provided herein to determine whether such construction would have a detrimental impact on public safety as it relates to the rights-of-way. The township may impose conditions on the construction permit regulating the times, locations, and manner of construction to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.
A.
Each new applicant for a right-of-way permit shall include
with its application an application fee in the amount of $750. This fee is
directly related to the township's costs in reviewing the application
(excluding expert costs) and managing the rights-of-way with respect to each
permit holder. Such costs in managing the rights-of-way include, but are not
limited to, inspection costs, administrative costs, costs of maintaining the
rights-of-way and costs of degradation of streets and right-of-way property.
This fee will not be refunded in the event the application is denied. If the
application is granted, the application fee will apply to the full term of
the right-of-way permit of one year. If the applicant applies for a construction
permit concurrently with the application for a right-of-way permit, then the
application fee contained herein shall apply to both the right-of-way permit
and the construction permit.
B.
Each existing permit holder applying for a renewal of
its right-of-way permit shall include with its application an annual fee in
the amount of $500. This fee is directly related to the township's costs
in managing the rights-of-way with respect to each permit holder. Such costs
include, but are not limited to, inspection costs, administrative costs, costs
of maintaining the rights-of-way and costs of degradation of streets and right-of-way
property.
C.
Each applicant for a construction permit shall include
with its application an application fee in the amount of $250. This fee is
directly related to the township's costs in reviewing the application
and determining time, place and manner restrictions on the construction activity.
If the application for a construction permit is denied, this fee shall not
be refunded. If the application is granted, then the applicant shall pay,
within 30 days of the presentation of a statement, the township's actual
costs based on the hourly rate established by resolution of the Board of Supervisors.
Such actual costs include, but are not limited to, costs of disruption and
rerouting of traffic, inspection costs and administrative costs.
D.
Extraordinary expenses. In addition to the fees set forth
above, a permit holder shall pay, within 30 days of the presentation of a
statement, any extraordinary or unusual expenses reasonably incurred by the
township as result of the permit holder's use of the rights-of-way, provided
that the township notifies the permit holder of the expected expenses prior
to them being incurred and provides the permit holder with an opportunity
to mitigate such expenses. Examples of extraordinary or unusual costs include,
but are not limited to, the cost of obtaining and operating a backhoe, dump
truck or other heavy equipment used to repair the right-of-way, overtime or
special pay for police officers or other emergency services. The statement
of such expenses presented to the permit holder shall be directly related
to the township's actual costs.
E.
In the event that payment of any of the fees identified
above is not made upon submission of the application or by the date due, the
applicant or permit holder shall pay a late payment penalty of simple interest
at 10% annual percentage rate of the total amount past due. Such penalty shall
be in lieu of any other monetary penalty. Acceptance of payment under this
section shall not in any way limit or waive the township's right to suspend
or terminate the permit according to the terms of this article.
A.
The township shall have the right to limit the placement
of new or additional equipment in the right-of-way if there is insufficient
space to reasonably accommodate all requests to occupy and use the rights-of-way.
The township shall consider requests for occupying and using the rights-of-way
in the order of receipt of fully completed applications for right-of-way permits.
The township shall strive, to the extent possible, to accommodate all requests,
but shall be guided by the physical condition of the right-of-way and whether
such use would have a detrimental effect on public safety as it relates to
the right-of-way.
B.
The township shall have the right to monitor the telecommunications
systems and the equipment related thereto located in the rights-of-way in
order to prevent interference between and among such systems and equipment.
C.
A permit holder shall allow the township to make inspections
of any part of the permit holder's telecommunications system located
in the rights-of-way at any time upon three days' notice or, in case
of an emergency, upon demand.
A.
Whenever a permit holder or any of its subcontractors
shall disturb any pavement, sidewalk or other public property in order to
perform any underground activities, the permit holder will fully comply by
registering with Pennsylvania's One Call system pursuant to 73 P.S. § 176
et seq. If any utility line is pierced or ruptured through the actions of
the employees of the permit holder or its subcontractor, then the permit holder
or the subcontractor must notify the township immediately. Each permit holder
shall perform construction activity in a manner consistent and in compliance
with the detailed plans it submitted to the township and all applicable federal,
state and local laws and regulations.
B.
Whenever a permit holder or any of its subcontractors
shall cause damage to the right-of-way or to township property in the right-of-way,
the permit holder shall restore such right-of-way or property within 20 business
days, weather permitting.
C.
The telecommunications system shall not endanger or interfere
with the safety of persons or property within the township. All operating,
maintenance, construction and repair personnel shall be thoroughly trained
in the safe use of all equipment and in the safe operation of vehicles. Such
personnel shall follow all safety procedures required by applicable federal,
state and local laws and regulations. The permit holder shall routinely inspect
and maintain all areas of the telecommunications system so that conditions
that could develop into safety hazards shall be corrected before they become
a hazard. Permit holder or its subcontractor must have a sufficient number
of supervisors assigned to its construction crews to ensure that the safety
of the public will be protected. Permit holder must also assign its own certified
safety officer to any construction project.
D.
Except in the case of an emergency, at least three days
prior to the commencement of any construction activity, permit holder shall
notify nearby residents of such construction activity in a manner which is
satisfactory to the township. The name of the permit holder shall be clearly
disclosed to such residents.
E.
All construction activity shall be performed in an orderly
and workmanlike manner and in close coordination with public utilities serving
the township following accepted industry construction procedures and practices.
Construction personnel employed by permit holder or its subcontractor shall
not work on any construction project in the township after sunset or before
sunrise.
F.
All wires, cables and other equipment shall be installed,
where possible, parallel with electric and telephone lines, and multiple cable
configurations shall be arranged in parallel and bundles with due respect
for engineering considerations.
G.
All wires, cables and other equipment shall be installed
underground where required by municipal ordinance or regulation consistent
with the same requirement being imposed on all other similarly situated companies,
including public utilities.
H.
All personnel performing construction, installation or
maintenance work in the township employed by permit holder or its subcontractor
shall have a working familiarity with the English language, or the permit
holder shall provide a language translator on site to be able to communicate
with township residents in the event of an emergency or disaster.
I.
In the event of an emergency or disaster, in addition
to the requirements above, permit holder shall reimburse the township for
all expenses incurred in responding to the emergency or disaster.
A.
A permit holder shall, at its sole cost and expense,
indemnify and hold harmless the township, its elected and appointed officials,
employees and agents, at all times against any and all claims for personal
injury, including death, and property damage arising out of the permit holder's
use or occupancy of the rights-of-way. A permit holder shall defend any actions
or proceedings against the township in which it is claimed that personal injury,
including death or property damage, was caused by the permit holder's
use or occupancy of the rights-of-way. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to pay judgments,
injuries, liabilities, damages, attorneys' fees, reasonable expert fees,
court costs and all other costs of indemnification. A permit holder shall
not be required to indemnify and hold the township harmless for claims caused
by the township's negligence, gross negligence or willful misconduct.
B.
A permit holder shall at all times during the life of
a permit carry and require its subcontractors to carry liability, property
damage, workers' disability, and vehicle insurance in such form and amount
as shall be determined by the township set forth in the permit. A permit holder
shall name the township an additional insured on its liability insurance policies.
All required insurance coverage shall provide for 30 days' notice to
the township in the event of material alteration or cancellation of such coverage
prior to the effective date of such material alteration or cancellation.
A.
A permit holder shall annually provide the township,
upon application for renewal of the permit, or upon request, the current maps
of the horizontal and vertical locations of its existing installations and
a summary of all additions and deletions of equipment in the rights-of-way,
unless no changes have occurred in the previous year. If no changes have occurred
in the previous year, permit holder shall so inform the township.
B.
A permit holder shall submit to the township such reasonable
information directly related to the permit holder's use and occupation
of the rights-of-way as the township may request. All information provided
to the township shall be maintained by the township proprietary and confidential
if such information is designated in good faith as such prior to the time
it is provided to the township.
A right-of-way permit may be transferred or assigned, upon 30 days'
written notice to the township, provided that the transferee/assignee agrees
in writing to comply with all of the obligations and requirements contained
in this article.
A permit holder may be required, prior to construction, to obtain a
performance bond in a reasonable amount set by the township based upon the
construction cost of the equipment to be installed in the rights-of-way and
the extent of the disturbance of such rights-of-way. The performance bond
shall ensure the permit holder's faithful performance of its construction
obligations. The township may reduce or cancel the bond requirement when construction
is completed.
A.
In addition to all other rights and powers reserved by
the township, the township reserves the right to terminate a permit and all
rights and privileges of a permit holder for any of the following reasons:
(1)
A permit holder fails, after 30 days' prior written
notice, to comply with any of the material provisions of the permit or this
article;
(2)
A permit holder becomes insolvent, unable or unwilling
to pay its debts, or is adjudged bankrupt;
(3)
All or part of a permit holder's facilities are
sold under an instrument to secure a debt and are not redeemed by the permit
holder within 90 days from such sale;
(4)
A permit holder attempts to or does practice any fraud
or deceit in its conduct or relations with the township under the permit;
(5)
The township condemns all of the property of a permit
holder within the township by the lawful exercise of eminent domain;
(6)
The permit holder abandons the telecommunication system.
B.
No termination shall be effective unless and until the
Board of Supervisors shall have adopted a resolution setting forth the cause
and reason for the termination and the effective date, which resolution shall
not be adopted without 30 days' prior notice to permit holder and an
opportunity for the permit holder to be heard before the Board of Supervisors
on the proposed resolution.
A.
Upon expiration or termination of the permit, if the
permit is not renewed, the permit holder shall, upon 60 days' prior written
notice to the permit holder, remove its equipment from the rights-of-way and
shall restore said areas. If such removal is not completed within six months
of such notice, the township may deem any property not removed as abandoned,
and the township may remove it at the former permit holder's expense.
In the event that the permit holder installed and/or operated any underground
conduit or pipe which is six inches or more in diameter, permit holder shall
fill said conduit or pipe with material in a manner satisfactory to township.
B.
During the term of the permit, if the permit holder decides
to abandon or no longer use all or part of its telecommunications system,
it shall provide the township with written notice of its decision at least
30 days prior to such decision, which notice shall describe the equipment
and its location. Township shall have the right to require the permit holder
to remove the equipment upon 60 days' prior written notice to the permit
holder. If such removal is not completed within six months of such notice,
township may remove it at the permit holder's expense.
If the township has reason to believe that the permit holder violated
any of the terms of this article, it shall notify the permit holder in writing
of the nature of the violation and the section of this article which it believes
has been violated. The permit holder shall have 20 business days to cure the
violation. If the nature of the violation is such that it cannot be fully
cured within such time period, the township may, in its reasonable judgment,
extend the time period to cure. If the violation has not been cured within
the time period allowed, it shall be subsequently punishable by a fine of
up to $100 per day until the violation is cured.
The township, by granting any permit under this article, does not waive,
lessen, impair or surrender the lawful police powers vested in the township
under applicable federal, state and local laws pertaining to the regulation
or use of the rights-of-way.
The provisions of this article shall be imposed upon and enforced against
all persons requiring a permit from the township.
