[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 four inches.
Where a sidewalk crosses a driveway, the required thickness shall
be six inches.
[Amended 4-29-2024 by Ord. No. 2024-04]
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.
