Terms used in this article shall have the following meanings,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this article shall be construed consistent
with Title 47 of the United States Code and, if not defined therein,
with their common and ordinary meaning.
AERIAL FACILITIES
Poles, wires, cables, equipment, and other facilities located
above the surface of the ground, including their underground supports
and foundations. Such term does not include aerial facilities located
in private driveways, newspaper vending machines or street banners,
canopies or other minor obstructions located in the rights-of-way.
AFFILIATE
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership with or control
by another person.
APPLICANT
Any public utility, including any cable franchise, regulated
by the Pennsylvania Public Utility Commission, seeking to obtain from
Township a permit for work to be performed within the right-of-way
pursuant to a permit issued pursuant to this article. The applicant
shall be the public utility and not any contractor or subcontractor
engaged to perform the work which is the subject of the permit.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, and as hereafter amended (47
U.S.C. § 521 et seq., as hereafter amended).
CABLE FRANCHISE AGREEMENT
Right-of-way use agreement required pursuant to the Cable
Act and the Township Code for any cable franchise issued by the Township.
CABLE FRANCHISE FEE
A fee paid by a cable operator pursuant to a cable franchise
agreement for the cable operator's use of the Township's rights-of-way.
The fee is calculated as a percentage of the cable operator's gross
revenues from the operation of the cable system to provide cable services
in the Township.
CABLE FRANCHISE or FRANCHISE
Right-of-way use authorization pursuant to this article authorizing
a person to own, construct, operate and maintain a cable system to
provide cable service or an OVS system to provide OVS service within
the Township.
CABLE OPERATOR
A person providing or offering to provide cable service over
a cable system within the Township as that term is defined in the
Cable Act.
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
CABLE SYSTEM
Facilities consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the Township,
but such term does not include i) a facility that serves only to retransmit
the television signals of one or more television broadcast stations;
ii) a facility that serves subscribers without using any right-of-way;
iii) a facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such facility shall be considered a
cable system [other than for purposes of 47 U.S.C. § 541(c)]
to the extent such facility is used in the transmission of video programming
directly to subscribers, unless the extent of such use is solely to
provide interactive on-demand services; iv) an open video system that
complies with 47 U.S.C. § 573; or v) any facilities of any
electric utility used solely for operating its electric utility system.
A reference to a cable system refers to any part thereof. This definition
of "cable system" shall in no way be deemed to circumscribe or limit
the valid authority of the Township to regulate or authorize the facilities
and/or services of any other telecommunications provider or other
person that owns, constructs, operates, or maintains facilities in
the right-of-way.
CARTWAY
That portion of a street or alley right-of-way that is intended
for vehicular movement.
CERTIFICATE
A certificate of public convenience issued by the Pennsylvania
Public Utility Commission to a public utility.
COMMUNICATIONS ACT
The Communications Act of 1934, 47 U.S.C. § 151
et seq., as amended and as hereafter amended.
DEPARTMENT
The Public Works Department of the Township of Lancaster.
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
FACILITY(IES)
Conduit, pipes, cables, wires, lines, towers, optic fiber,
antennas, poles, associated equipment and appurtenances, and any other
facilities located in the right-of-way and designed, constructed,
and/or used by telecommunications providers, public utilities, or
other persons for transmitting, transporting, or distributing communications,
telecommunications, electricity, natural gas or manufactured gas,
oil, gasoline, steam, or any other form of energy, signal or substance.
FRANCHISE
A right-of-way use authorization pursuant to this article
that authorizes a person to own, construct, operate and maintain a
cable system to provide cable service or an OVS system to provide
OVS service within the Township.
FRANCHISEE
A person that is issued a franchise by the Township.
INFORMATION SERVICE
The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications (whether over a cable system, telecommunications
system, open video system, or any other type of facilities), and includes
electronic publishing, but does not include any use of any such capability
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
NON-PUC-REGULATED ENTITY or ENTITY
Any corporation, company, association, joint-stock company,
firm, partnership, limited liability company, or other entity; municipal,
industrial development, housing, redevelopment, and other authority
or corporation established pursuant to statutes of the Commonwealth
of Pennsylvania; and any individual not regulated as a public utility
by the Public Utility Commission.
OPEN VIDEO SYSTEM or OVS
Facilities consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that
is designed to provide video programming services, cable service,
and/or services similar to cable service to multiple subscribers within
the Township and which the Federal Communications Commission or its
successor has certified as compliant with Part 76 of its rules, 47
CFR 76.1500 et seq., as amended from time to time, provided that an
open video system is not a system of telecommunications facilities
and does not provide telecommunications service to the extent that
it provides only video services; and provided, further, that an open
video system means only those facilities that are operated by a person
authorized to provide video services pursuant to Section 653 of the
Communications Act of 1934, as amended, 47 U.S.C. § 573,
where such person is properly certificated to provide such services
pursuant to applicable Federal Communications Commission regulations.
PERMITTEE
The recipient of a right-of-way use permit or cable franchise
that is issued by the Township pursuant to this article, and persons
holding existing franchises, special ordinances, or other authorizations
that are subject to the transitional provisions set forth in this
article, including the Township, its departments, agencies, and authorities.
PERSON
Corporations, companies, associations, joint-stock companies,
firms, partnerships, limited liability companies, and other entities;
municipal, industrial development, housing, redevelopment, and other
authorities and corporations established pursuant to statutes of the
Commonwealth of Pennsylvania; and individuals.
POLICIES AND PROCEDURES
The written regulations, standards, operations and/or courses
of action established by the Township to implement the provisions
of this article. The preparation and promulgation of policies and
procedures are solely the function of the Public Works Superintendent,
with the Township adopting the same by resolution.
PUBLIC UTILITY COMMISSION or PUC
The state administrative agency, or lawful successor thereto,
authorized to regulate and oversee public utilities and telecommunications
providers and telecommunications services in the Commonwealth of Pennsylvania,
to the extent provided by law.
PUBLIC UTILITY or UTILITY
Shall be defined as that term is defined in the Pennsylvania
Public Utility Code as of the effective date of this article, and
as hereafter amended.
PUBLIC WORKS SUPERINTENDENT
The Superintendent of the Public Works Department. Except
for the preparation and promulgation of policies and procedures, which
is solely the function of the Superintendent, such term shall include
the employees, agents and assignees of the Director.
PUC-REGULATED UTILITY
Any entity which is operating as a public utility as defined
under the Pennsylvania Public Utility Code and is subject to regulation
by the PUC, regardless of whether or not the entity has been issued
a certificate of public convenience by the Pennsylvania Public Utility
Commission.
RIGHT-OF-WAY, RIGHTS-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means "in, on, over, along, above
and/or under the right(s)-of-way."
SERVICE(S)
Any telecommunications service, cable service, OVS service,
video programming service, information service, utility service (including,
but not limited to, electric, gas, water, or steam service), or other
form of service provided by means of facilities located in the right-of-way.
STREET
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in the(a) street(s)" means "in, on,
over, along, above and/or under the(a) street(s)."
STREET OPENING PERMIT
A permit for excavation of a street for the construction
or installation of facilities in any right-of-way in the Township.
SYSTEM
Any cable system, OVS system, telecommunications system,
or integral part thereof.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
TELECOMMUNICATIONS FACILITIES
The plant, equipment and property within the Township used
to transmit, receive, distribute, provide or offer telecommunications
service.
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
TOWNSHIP
The Township of Lancaster, Lancaster County, Pennsylvania.
TOWNSHIP CODE
The Code of the Township of Lancaster, Lancaster County,
Pennsylvania.
TOWNSHIP PROPERTY
All real property now or hereafter owned by the Township
whether in fee ownership or other interest.
TOWNSHIP WORK
All construction work performed by the Township or any of
its Departments, either with its own personnel or under contract,
including repair, alteration, replacement, or maintenance of facilities
owned, operated, maintained, or controlled by the Township or for
which the Township is responsible.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for aerial facilities.
All public utilities regulated by the Public Utility Commission
owning or operating facilities in the Township's rights-of-way shall
comply with the following requirements:
A. License. All public utilities shall be deemed to have a license from
the Township under this article to occupy the rights-of-way.
B. As-built maps. Within 30 days of enactment of this Ordinance, each
public utility shall submit to the Department two paper copies and
one electronic copy of an as-built map or maps and engineering specifications
as set forth in the Township policies and procedures pertaining to
management of rights-of-way to be promulgated by the Public Works
Superintendent and adopted by resolution of the Board of Supervisors
from time to time, depicting and certifying the location of all its
existing facilities within Township rights-of-way. Such electronic
and paper maps and engineering specifications shall be submitted in
a format and include the information required by the Township by/in
the policies and procedures. If the maps are not provided electronically
in the required format, then the utility shall reimburse the Township
for the cost of converting paper maps into electronic form or the
cost of converting electronic maps in another format into the required
format. Such maps are, and shall remain, confidential documents and
are exempt from public disclosure under Pennsylvania's Right to Know
Law, 65 Pa.C.S.A. § 708; the Public Utility Confidential
Security Information Disclosure Protection Act, 35 P.S. §§ 2141.1
through 2141.3; and the Public Utility Commission Regulations relating
to confidential security information, 52 Pa. Code § 102.1
After submission of the as-built maps required under this section,
each public utility having facilities in the Township rights-of-way
shall update such maps as required under this article.
C. Right to inspect. The Township may conduct inspections of the Township
rights-of-way in order to ensure that utility facilities located within
such rights-of-way do not constitute a public safety hazard and remain
in compliance with the standards set forth by the Public Utility Commission.
Such inspections shall be limited to establishing whether such facilities
meet relevant PUC standards and comply with such Township construction
standards as relate to the opening and closing of Township streets,
curbs, and sidewalks, as provided under 15 Pa.C.S.A. § 1511(e).
In the event that the Township determines that any facilities of a
utility are not in compliance with such standards, then the Township
may bring a complaint against such utility before the Public Utility
Commission, in accordance with established PUC procedures. The Township
may also elect, in its discretion, to notify the utility of the existence
of any noncompliant facilities, in order to abate such violations
without the need for the filing of a formal PUC complaint.
D. Construction in rights-of-way.
(1) Street opening permits. Except in the case of an emergency, no utility
shall perform any street excavation in the rights-of-way without first
obtaining a street opening permit and paying a permit fee in accordance
with the provisions of this article. No utility shall perform curb
and sidewalk construction replacement or repair without first obtaining
a curb and sidewalk permit and paying a fee pursuant to this article.
The procurement of a street opening permit shall only be necessary
when the proposed street excavation and/or construction impacts Township
streets; it shall not apply to any construction or excavation activities
on state roads.
(2) Construction standards. Construction standards shall include those determined by the Public Utility Commission for the installation of facilities in Township rights-of-way, as well as such Township construction standards adopted by resolution of the Board of Supervisors of the Township as relate to the opening and closing of Township streets, curbs, and sidewalks, as provided under 15 Pa.C.S.A. § 1511(e). Compliance with construction requirements pursuant to PUC-related standards shall remain within the sole and exclusive jurisdiction of the PUC. Compliance with construction requirements pursuant to Township standards shall remain within the jurisdiction of the Township. The Township shall retain the right to file formal complaints pursuant to PUC-related construction as set forth under Subsection
D.
(3) Security. Each utility opening, closing, or excavating Township streets,
curbs, and sidewalks as provided under 15 Pa.C.S.A. § 1511(e)
in conjunction with the utility's construction or maintenance activities
in the ROW shall furnish to the Township, at the utility's expense,
a letter of credit or other form of financial security, in such form
and in the amount as required by the Township consistent with the
Policies and Procedures and regulations of the Township to guarantee
the proper closing and restoration of the Township's streets, sidewalks,
or ROW. The security shall be a continuing obligation until the completion
of the construction or maintenance as confirmed in writing by the
Township. Utilities that are performing ongoing projects or are pursuing
multiple projects under one permit shall post security as provided
by this section, which shall be held by the Township until final completion
of all construction or maintenance activities to guarantee the proper
closing and restoration of Township streets, sidewalks or ROW.
(4) Insurance. The applicant shall maintain insurance, with a reputable
insurance company authorized to do business in the Commonwealth of
Pennsylvania, indemnifying the Township from and against any and all
claims for injury or damage to persons or property, both real and
personal, caused by the construction requiring the opening or closing
of Township streets, sidewalks, or ROW in accordance with 15 Pa.C.S.A.
§ 1511(e). The amounts of such coverage shall be as determined
by the Township by regulation. The Township shall be designated as
an additional insured under each of the insurance policies. The utility
shall not cancel any required insurance policy without first obtaining
alternative insurance in conformance with this section. Utilities
undertaking work in the Township rights-of-way shall provide the Township
with at least 30 days' advance written notice of any material changes
or cancellation of any required insurance policy.
(5) Recently constructed streets. No street opening permit shall be issued
to cut any Township street that was constructed, reconstructed or
resurfaced, including all streets offered and accepted for dedication,
fewer than three years prior to application for a street opening permit,
unless the applicant agrees in writing to overlay or pave the surface
of the street, from curb to curb and intersection to intersection,
in accordance with applicable Township standards. The Township may
grant an exception to this section in the case of an emergency. The
applicant shall pay all street degradation fees and comply with all
related requirements as prescribed in the policies and procedures
promulgated by the Public Works Superintendent and adopted by the
Board of Supervisors or as set by resolution from time to time by
the Board of Supervisors.
(6) Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
a utility shall temporarily or permanently remove, relocate, change
or alter the position of any facilities within the right-of-way, excluding
those underground, whenever the Township, consistent with applicable
PUC regulations, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
the construction, repair, maintenance, or installation of any Township
or other public improvement in the right-of-way; the operations of
the Township or other governmental entity in the right-of-way; vacation
of a street or the release of a utility easement; or an emergency
as determined by the Township. Utilities must relocate and remove
facilities consistent with the regulations and standards of the PUC.
(7) Coordination of construction activities. By March 1 of each year,
or at such other time as the Township and utilities may agree, each
public utility shall provide the Department with a schedule (including
plans and projected start and finish dates for each project) of its
planned construction activities for the following year which may affect
the rights-of-way. The schedule shall depict all planned construction
activities the utility is planning to perform within the year.
(8) Damage to facilities or property. A utility, including any contractor
working for a utility, shall avoid damage to any facilities and/or
public or private property. If any facilities and/or public or private
property is damaged by the utility, including by any contractor working
for the utility, the utility shall promptly repair and restore such
property within 10 business days. The utility shall utilize the Pennsylvania
One-Call System prior to any disturbance of the rights-of-way and
shall adhere to all other requirements of the Pennsylvania Underground
Utility Line Protection Act.
(9) Facilities maps. Each utility issued a street opening permit shall
submit to the Township, not later than 30 days after completion of
the permitted construction (or any part thereof, if required by the
Township), two paper copies and one electronic copy of updated as-built
map or maps and engineering specifications as set forth in the Policies
and Procedures promulgated by the Public Works Superintendent and
adopted by the Board of Supervisors from time to time, depicting and
certifying the location of the new facilities constructed or updated.
Such documents shall be submitted in a format and include the information
required by the Township Policies and Procedures. If the maps are
not provided electronically in the required format, then the utility
shall reimburse the Township for the cost of converting paper maps
into electronic form or the cost of converting electronic maps in
another format into the required format.
(10)
Field marking. Each utility shall field-mark the locations of
its underground facilities upon request by other utilities or the
Township, consistent with the requirements of the Pennsylvania Underground
Utility Line Protection Act and at no cost to the Township.
E. Right-of-way maintenance fee.
(1) Compensation for right-of-way use. Occupancy of Township rights-of-way
by any utility is subject to the Township's right to fix annually
a fair and reasonable compensation, which shall be directly related
to the Township's actual right-of-way maintenance costs.
(2) Annual right-of-way maintenance fee. Each utility with facilities
in the Township's rights-of-way shall pay an annual fee to compensate
the Township for its costs incurred in connection with the ongoing
use and occupancy of Township rights-of-way. The annual right-of-way
maintenance fee shall be determined by the Township and authorized
by resolution of Township Board of Supervisors and shall be based
on the Township's actual ROW maintenance costs. The annual right-of-way
maintenance fee shall be fixed on a per-linear-foot basis for underground
facilities and on a per-linear-foot basis for aerial facilities. If
subject to a cable franchise agreement, the utility shall not be required
to remit both a cable franchise fee amount and an annual right-of-way
maintenance fee to the Township; such utility shall pay the higher
of the two fees to the Township. The annual right-of-way maintenance
fee shall apply also to abandoned lines not removed from Township
rights-of-way.