[Adopted 2-13-2006 by Ord. No. 1269]
The purpose of this article is to:
A. Assist the Borough in managing its public rights-of-way with respect
to telecommunications services providers in accord with applicable
law; and
B. Regulate the erection, construction, reconstruction, installation,
operation, maintenance, dismantling, testing, repair and use of a
telecommunications system in, upon along, across, above, over, under
or in any manner connected with the streets, public ways or public
places within the corporate limits of the Borough, as now or in the
future may exist; and
C. Provide the Borough with appropriate consideration for occupation
and use of the Borough's rights-of-way for a telecommunications system;
and
D. Provide the Borough with appropriate consideration for acquisition
and maintenance of the Borough's rights-of-way when used for commercial
purposes.
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit or a
construction permit.
APPLICATION
The form prescribed by the Borough, which the applicant must
complete in order to obtain a right-of-way or construction permit.
CONSTRUCTION
The building, excavation, erection, or installation in, on,
over or under a right-of-way. It does not include maintenance or repair
of existing aerial cables or equipment in a right-of-way or a single
line extension from equipment in the right-of-way.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health or significant loss of property.
EQUIPMENT
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.
MAINTENANCE
Work of a minor nature that will keep an existing condition
from failure of decline.
PERSON
Any individual, firm, partnership, association, corporation,
company or other business entity.
RESTORE or RESTORATION
The process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
RIGHT-OF-WAY
The surface and space in, on and above any real property
in which the Borough has an interest in law or in equity, including,
but not limited to, any public street, boulevard, avenue, road, highway,
easement, freeway, alley, court or any other place, other than real
property owned in fee by the Borough.
RIGHT-OF-WAY or PERMIT
A written authorization granted by the Borough to an applicant
for use of the rights-of-way in the Borough for wires, lines, cables,
conduits, pipes, supporting structures and other facilities.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in form
or content of the information sent and received.
TELECOMMUNICATIONS SERVICES
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.
The Borough may install or affix and maintain wires and equipment
for municipal purposes upon any and all of permit holder's ducts,
conduits or equipment, without charge to the Borough. For the purposes
of this section, the term "municipal purposes" includes, but is not
limited to, the use of the ducts, conduit or equipment for Borough
fire, police, other emergency, and/or signal systems. The permit holder
shall not be responsible for any damage resulting to the wires or
property of the Borough occurring as a result of Borough's use of
permit holder's conduits.
A right-of-way permit may be transferred or assigned, upon 30
days' written notice to the Borough, provided that the transferee/assignee
agrees, in writing, prior to the transfer or assignment, to comply
with all of the obligations and requirements contained in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Washington County.
The Borough, by granting any permit under this article, does
not waive, lessen, impair or surrender the lawful police power vested
in the Borough under applicable federal, state and local law 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 for the provision of telecommunications
services or construction of a telecommunications system within the
Borough.