[HISTORY: Adopted by the City Council of
the City of Greensburg 7-9-2001 by Ord. No. 1824. Amendments noted
where applicable.]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this chapter shall be as follows:
The person who has applied for a right-of-way permit or a
construction permit.
The form prescribed by the City 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 or a single line extension from equipment in the
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 surface and space in, on, above and below any real property
in which the City 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 or any other place, other than
real property owned in fee by the City.
The process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
A written authorization granted by the City to an applicant
for use of the rights-of-way in the City 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 telecommunication
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
City, the applicant shall submit written evidence of its applications
for or receipt of all such approvals, permits or authorizations.
C.
Nothing in this chapter shall be construed as a waiver
of any ordinances or regulations of the City or the City'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 City, 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 or actual physical
use and occupation of the rights-of-way. Specifically, the application
shall request: a brief description of the telecommunications service
or services to be offered or provided in or through the City; specific
information regarding the equipment it proposes to place or currently
maintains in the rights-of-way; the expected physical burden that
such equipment will place or does place on the rights-of-way; and
whether the equipment will or does have a detrimental effect on public
safety as it relates to the rights-of-way. If the completed application
does not fully provide such requested information, the City 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 City and the accompanying fee, the City shall review the application as follows: for new applicants, the City 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 § 243-4 below, the City shall grant or deny such applications within 10 business days. If the City fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, the City 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 City may use such
outside expert or experts as it deems necessary. In the event the
City deems it necessary to employ an outside expert or experts to
advise the City 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 City 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 City
property or the right-of-way without the prior consent of the City
(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 chapter.
B.
If the City has reason to believe that one or more
of the above events has occurred, it shall notify the permit holder
in writing. The permit holder shall have 20 business days to cure
the violation, unless the City reasonably determines that the event
is an emergency, in which case the City 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 City shall be permitted to immediately
suspend the right-of-way permit. A suspension shall be brought to
the attention of the City Council at its next meeting at which time
City Council 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
City 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. 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 City shall review such information and either grant or deny a construction permit within 20 business days. If the City fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the City 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 City 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 City'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 City'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 City'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 City's actual costs based on the hourly rate established by resolution
of the City Council. 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 City as a result of the permit holder's use of the right-of-way,
provided that the City 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 City'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 City's right to suspend or terminate the permit according
to the terms of this chapter.
A.
The City shall have the right to limit the placement
of new or additional equipment in the rights-of-way if there is insufficient
space to reasonably accommodate all requests to occupy and use the
rights-of-way. The City shall consider requests for occupying and
using the right-of-way in the order of receipt of fully completed
applications for right-of-way permits. The City 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 City 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 City to make inspections
of any part of the permit holders 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. Such permit holder shall provide
the City with GPS information showing planned locations and reference
points for equipment to be installed. Each permit holder shall perform
construction activity in a manner consistent and in compliance with
the detailed plans it submitted to the City 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 City 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 City.
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.
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 City. 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 City following accepted industry construction
procedures and practices.
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.
A.
A permit holder shall, at its sole cost and expense,
indemnify and hold harmless the City, 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 right-of-way. A permit holder shall
defend any actions or proceedings against the City 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 right-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 City harmless for claims
caused by the City'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, worker's disability, and vehicle insurance in such
form and amount as shall be determined by the City as set forth in
the permit. A permit holder shall name the City as an additional insured
on its liability insurance policies. All required insurance coverage
shall provide for 30 days' notice to the City 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 City, 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 City.
B.
A permit holder shall submit to the City such reasonable
information directly related to the permit holder's use and occupation
of the right-of-way as the City may request. All information provided
to the City shall be maintained by the City as proprietary and confidential
if such information is designated in good faith as such prior to the
time it is provided to the City.
A right-of-way permit may be transferred or
assigned, upon 30 days' written notice to the City, provided that
the transferee/assignee agrees in writing to comply with all of the
obligations and requirements contained in this chapter.
A permit holder may be required, prior to construction,
to obtain a performance bond in a reasonable amount set by the City
based upon the construction cost of the equipment to be installed
in the right-of-way and the extent of the disturbance of such right-of-way.
The performance bond shall ensure the permit holder's faithful performance
of its construction obligations. The City may reduce or cancel the
bond requirement when construction is completed.
A.
In addition to all other rights and powers reserved
by the City, the City 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 chapter;
(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 City under the permit;
(5)
The City condemns all of the property of a permit
holder within the City 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 City Council 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 City Council 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 City may deem any
property not removed as abandoned and the City 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 City.
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 City with written notice of its decision
at least 30 days prior to such decision, which notice shall describe
the equipment and its location. City 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, City may remove it at the permit holder's
expense.
If the permit holder violates any of the terms
of this chapter, it shall be subject to a fine of up to $100 per day
until the violation is cured.
The City, by granting any permit under this
chapter, does not waive, lessen, impair or surrender the lawful police
powers vested in the City under applicable federal, state and local
laws pertaining to the regulation or use of the rights-of-way.
The provisions of this chapter shall be imposed
upon and enforced against all persons requiring a permit from the
City.
