HISTORY: Adopted by the Borough Council of
the Borough of Bradford Woods as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-12-2001 by Ord. No. 369]
Unless the context specifically indicates otherwise,
the meaning 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 Borough of Bradford Woods which
the applicant must complete in order to obtain a right-of-way permit.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 10-14-2019 by Ord. No. 461]
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 Borough of Bradford Woods 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.
The process by which a right-of-way is returned to a state
that is as good as or better than its condition before construction.
A written authorization granted by the Borough of Bradford
Woods to an applicant for use of the rights-of-way in the Borough
of Bradford Woods for wires, lines, cables, conduits, pipes, supporting
structures and other facilities.
Also referred to here in as "small cells," consistent with
47 CFR § 1.312(e)(2), are facilities that meet each of the
following conditions:
[Added 10-14-2019 by Ord. No. 461]
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas as defined in section 1.1320(d), or
Are mounted on structures no more than 10% taller than other
adjacent structures, or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of antenna in section
1.1320(d)] is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration under § 171-17 of this chapter;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
section 1.1307(b).
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or commingled with other types of services), or for other communications
related purposes.
[Added 10-14-2019 by Ord. No. 461]
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.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities
or for supporting similar infrastructure deployments, including structures
that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services (i.e., wifi) and fixed wireless
services (i.e., point-to-point microwave transmission) such as microwave
backhaul, and the associated site. A building, water tower, electrical
transmission tower, utility pole, light pole, traffic signal pole,
flag pole or other similar structure designed and constructed for
a sole or primary purpose other than supporting any Federal Communications
Commission licensed or authorized antennas and their associated facilities,
as well as a Ft. Worth attachment, shall not be considered a tower.
[Added 10-14-2019 by Ord. No. 461]
All equipment that is located wholly or partially underneath
a right-of-way.
A.Â
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 article shall also obtain a right-of-way
permit.
B.Â
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
Borough of Bradford Woods, the applicant shall submit written evidence
of its applications for or receipt of all such approvals, permits
or authorizations.
C.Â
Nothing in this article shall be construed as a waiver
of any ordinances or regulations of the Borough of Bradford Woods
or the Borough of Bradford Woods' 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.Â
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 Borough of Bradford Woods, 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 Borough of Bradford Woods; 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 Borough of Bradford Woods
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.Â
Upon submission of a fully completed application to
the Borough of Bradford Woods and the accompanying fee, the Borough
of Bradford Woods shall review the application as follows. The Borough
of Bradford Woods shall grant or deny such applications within 45
days. If the Borough of Bradford Woods fails to grant or reject such
application within the time period specified above, the application
shall be deemed approved. In each case, the Borough of Bradford Woods
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.Â
In considering an application, the Borough of Bradford
Woods may use such outside experts as it deems necessary. In the event
the Borough of Bradford Woods deems it necessary to employ an outside
expert to advise the municipality with respect to a particular application,
the reasonable costs of such expert shall be borne by the applicant.
A.Â
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 Borough of Bradford Woods may
suspend such right-of-way permit in the event any one or more of the
following has occurred:
(1)Â
The permit holder shall have caused damage to Borough
of Bradford Woods property or the right-of-way without the prior consent
of the Borough of Bradford Woods (except in the case of an emergency)
and without completing proper restoration;
(2)Â
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)Â
The permit holder failed to pay any of the fees required
under this article;
B.Â
If the Borough of Bradford Woods 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 30 days
to cure the violation, unless the Borough of Bradford Woods reasonably
determines that the event is an emergency, in which case the Borough
of Bradford Woods may impose a shorter time period to cure the violation.
C.Â
If the permit holder fails to cure the violation within
the specified time period, the Borough of Bradford Woods shall be
permitted to immediately suspend the right-of-way permit. A suspension
shall be brought to the attention of the Borough Council at its next
meeting at which time the Borough 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.Â
Except in the case of an emergency, before commencing
any construction in the rights-of-way, a person shall submit to the
Borough of Bradford Woods 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 the applicant intends to utilize. Such information may be submitted
concurrently with an application for a right-of-way permit.
B.Â
Upon submission of all such information required in Subsection A above, the Borough of Bradford Woods shall review such information and either grant or deny a construction permit within 45 days. If the Borough of Bradford Woods fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the Borough of Bradford Woods 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 Borough of Bradford Woods 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.Â
Each new applicant for a right-of-way permit shall
include with its application an application fee in the amount of $500.
This fee is directly related to the Borough of Bradford Woods' 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.Â
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 $300. This fee is directly related to the Borough
of Bradford Woods' 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.Â
Each applicant for a construction permit shall include
with its application an application fee in the amount of $200. This
fee is directly related to the Borough of Bradford Woods' 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 Borough of Bradford Woods' actual costs based
on the hourly rate established by resolution of the Borough Council.
Such actual costs include, but are not limited to, costs of disruption
and rerouting of traffic, inspection costs and administrative costs.
D.Â
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 Borough of Bradford Woods as a result of the permit holder's
use of the rights-of-way, provided that the Borough of Bradford Woods
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 Borough of Bradford
Woods' actual costs.
E.Â
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 Borough of Bradford Woods' right to suspend or terminate
the permit according to the terms of this article.
A.Â
The Borough of Bradford Woods 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 Borough of Bradford Woods
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 Borough of Bradford Woods 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.Â
The Borough of Bradford Woods 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.Â
A permit holder shall allow the Borough of Bradford
Woods 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.Â
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 Borough of Bradford Woods 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 Borough
of Bradford Woods and all applicable federal, state and local laws
and regulations.
B.Â
Whenever a permit holder or any of its subcontractors
shall cause damage to the right-of-way or to Borough of Bradford Woods
property in the right-of-way, the permit holder shall restore such
right-of-way or property within 30 days, weather permitting.
C.Â
The telecommunications system shall not endanger or
interfere with the safety of persons or property within the Borough
of Bradford Woods. 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.Â
Except in the case of an emergency, at least three
days prior to the commencement of any construction activity the permit
holder shall notify nearby residents of such construction activity
in a manner which is satisfactory to the Borough of Bradford Woods.
The name of the permit holder shall be clearly disclosed to such residents.
E.Â
All construction activity shall be performed in an
orderly and workmanlike manner, and in close coordination with public
utilities serving the Borough of Bradford Woods following accepted
industry construction procedures and practices.
F.Â
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.Â
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.Â
Tower-based
telecommunications systems shall be located at, or as close as practicable
to, the point where a side lot line intersects with the street right-of-way
line, provided that the Borough Zoning Officer may waive this requirement
where said side lot point is undesirable because of visual impact,
proximity to a driveway, reduction of clear sight distance or other
good cause.
[Added 10-14-2019 by Ord. No. 461]
I.Â
Permitted
areas.
[Added 10-14-2019 by Ord. No. 461]
(1)Â
Tower-based wireless telecommunications systems shall be permitted only along Bradford Road and Forest Road and comply with those regulations applicable to tower-based wireless telecommunications facilities in the right-of-way at § 225-19D(6)(b) through(e) of the Borough Zoning Ordinance.
(2)Â
Non-tower wireless communications systems shall comply with those regulations applicable to non-tower wireless facilities in the rights-of-way set forth at § 225-19D(3)(c) through (f) of the Borough Zoning Ordinance.
A.Â
A permit holder shall, at its sole cost and expense,
indemnify and hold harmless the Borough of Bradford Woods, 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 Borough of Bradford Woods 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 municipality harmless for claims caused by
the Borough of Bradford Woods' negligence, gross negligence or willful
misconduct.
B.Â
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 Borough of Bradford
Woods as set forth in the permit. A permit holder shall name the Borough
of Bradford Woods as an additional insured on its liability insurance
policies. All required insurance coverage shall provide for 30 days'
notice to the Borough of Bradford Woods in the event of material alteration
or cancellation of such coverage prior to the effective date of such
material alteration or cancellation.
A.Â
A permit holder shall annually provide the Borough
of Bradford Woods, 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, the permit holder shall so inform the Borough of Bradford Woods.
B.Â
A permit holder shall submit to the Borough of Bradford
Woods such reasonable information directly related to the permit holder's
use and occupation of the rights-of-way as the Borough of Bradford
Woods may request. All information provided to the Borough of Bradford
Woods shall be maintained by the Borough of Bradford Woods as proprietary
and confidential if such information is designated in good faith as
such prior to the time it is provided to the Borough of Bradford Woods.
A right-of-way permit may be transferred or
assigned, upon 30 days' written notice to the Borough of Bradford
Woods, 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 Borough
of Bradford Woods 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
Borough of Bradford Woods may reduce or cancel the bond requirement
when construction is completed.
A.Â
In addition to all other rights and powers reserved
by the Borough of Bradford Woods, the Borough of Bradford Woods reserves
the right to terminate a permit and all rights and privileges of a
permit holder for any of the following reasons:
(1)Â
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)Â
A permit holder becomes insolvent, unable or unwilling
to pay its debts, or is adjudged bankrupt;
(3)Â
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)Â
A permit holder attempts to or does practice any fraud
or deceit in its conduct or relations with the Borough of Bradford
Woods under the permit;
(5)Â
The Borough of Bradford Woods condemns all of the
property of a permit holder within the Borough of Bradford Woods by
the lawful exercise of eminent domain;
(6)Â
The permit holder abandons the telecommunications
system.
B.Â
No termination shall be effective unless and until
the Borough 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 the
permit holder and an opportunity for the permit holder to be heard
before the Borough Council on the proposed resolution.
A.Â
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 Borough of Bradford
Woods may deem any property not removed as abandoned and the Borough
of Bradford Woods 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,
the permit holder shall fill said conduit or pipe with material in
a manner satisfactory to Borough of Bradford Woods.
B.Â
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 Borough of Bradford Woods with written
notice of its decision at least 30 days prior to such decision, which
notice shall describe the equipment and its location. The Borough
of Bradford Woods 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, the Borough of Bradford Woods may remove it at the
permit holder's expense.
If the Borough of Bradford Woods 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 Borough of Bradford
Woods 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 Borough of Bradford Woods, by granting any
permit under this article, does not waive, lessen, impair or surrender
the lawful police powers vested in the Borough of Bradford Woods under
applicable federal, state and local laws pertaining to the regulation
or use of rights-of-way.
The provisions of this article shall be imposed
upon and enforced against all persons requiring a permit from the
Borough of Bradford Woods.
[Added 10-14-2019 by Ord. No. 461]
