[Ord. 309, 5/23/2006]
The purpose of this Right-of-Way Ordinance (hereinafter referred
to as "this Part") is to:
A.Â
Assist North Strabane Township (hereinafter referred to as the "Township")
in managing its public rights-of-way with respect to telecommunications
services providers in accordance with applicable law.
B.Â
Regulate the erection, construction, reconstruction, installation,
operation, maintenance, repair and removal of a telecommunications
system in, upon, along, across, above, over, under or in any manner
connected with the public rights-of-way of the Township as now or
in the future may exist.
C.Â
Provide the Township with appropriate compensation for occupation
and use of the Township's rights-of-way for a telecommunications
system and for the cost of regulating providers of telecommunications
services on a competitively neutral and nondiscriminatory basis consistent
with this Part and applicable law.
[Ord. 309, 5/23/2006]
1.Â
The Township Manager, or the Township Manager's designated representative,
shall serve as the single point of contact within the Township for
all persons regulated under this Part.
2.Â
The Township Manager shall coordinate all contacts with other Township
departments as necessary to facilitate issuance of any and all permits
required by the North Strabane Code of Ordinances.
3.Â
The Township Manager shall coordinate the preparation of all policies
and forms as necessary for the implementation of this Part with the
approval of the Board of Supervisors.
[Ord. 309, 5/23/2006]
Unless the context specifically indicates otherwise, the meanings
of the terms used in this Part 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 or construction permit.
The building, erection, or installation in, on, over or under
a right-of-way. It does not include, as part of the ordinary course
of business, 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.
The written authorization granted by the Township to an applicant
in order to perform construction in a right-of-way.
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.
Work of a minor nature that will keep an existing condition
from failure or decline.
The person who has obtained 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.
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 surface and space in, on and above 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, alley, court or any other place, other than real
property owned in fee by the Township.
The transmission, between or among points specified by the
user, of information of the users choosing, without change in form
or content of the information sent and received.
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.
A system that offers telecommunication services.
all equipment that is located wholly or partially underneath
a right-of-way.
[Ord. 309, 5/23/2006]
1.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 Part shall also obtain a right-of-way permit.
2.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 Township,
the applicant shall submit written evidence of its applications for
or receipt of all such approvals, permits or authorizations.
3.Â
Nothing in this Part shall be construed as a waiver of any other
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 other required permits or authorizations.
[Ord. 309, 5/23/2006]
1.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
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 or actual physical use and
occupation of the rights-of-way. The applicant shall provide specific
information regarding the equipment it proposes to place or currently
maintains in the rights-of-way. 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.
2.Â
Upon submission of a fully completed application to the Township
and the accompanying fee, the Township shall review the application
as follows. The Township shall grant or deny such applications within
60 days. If the Township denies the application, it will provide a
written response to the applicant explaining the basis for denial.
If the Township fails to grant or reject such application within the
time period 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.
3.Â
In considering an application, the Township may use such outside
experts as it deems necessary to assist in determining whether the
use proposed by the applicant would have a detrimental effect on the
right-of-way or the health, safety and/or welfare of the residents
of the Township. In the event the Township deems it necessary to employ
an outside expert or experts to advise the Township with respect to
a particular application, the reasonable costs of such expert or experts
shall be borne by the applicant.
[Ord. 309, 5/23/2006]
1.Â
The right-of-way permit shall be issued for a period of one year.
Permit Holders shall apply for a renewal of a right-of-way permit
at least 60 days 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:
A.Â
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.
B.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
permit holder's use of the rights-of-way.
C.Â
The permit holder failed to pay any of the fees required under this
Part.
D.Â
The permit holder failed to comply with construction standards in
accordance with the provisions contained in § 811 below.
E.Â
The permit holder failed to indemnify, hold harmless and insure the
Township in accordance with the provisions contained in § 812
below.
F.Â
The permit holder failed to procure and/or maintain a performance
or construction bond for the benefit of the Township in accordance
with the provisions contained in § 815 below.
G.Â
The permit holder provided false, incomplete or misleading information
on the rights-of-way or construction permit application.
2.Â
If the Township 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 Township reasonably determines that the event is an emergency,
in which case the Township may impose a shorter time period to cure
the violation.
3.Â
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 the
Board shall be permitted to uphold or withdraw the suspension. The
permit holder shall be provided an opportunity to be heard at such
meeting.
[Ord. 309, 5/23/2006]
1.Â
Except in the case of an emergency, before commencing any construction
in the rights-of-way, a person shall apply for and obtain a construction
permit. A construction 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 current
application for a construction permit. Such application shall request
detailed plans of the proposed construction activity. Such plans shall
describe:
2.Â
Upon submission of all such information required in Subsection 1 above, the Township shall review such information and either grant or deny a construction permit within 60 days. If the Township denies the construction permit application, the Township will provide a written response to the applicant explaining the basis of the denial. If the Township fails to grant or deny the construction permit within the time period specified above, the application shall be deemed granted. In each case, the Township shall review the application 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.
[Ord. 309, 5/23/2006]
Except in cases of emergency, before commencing any activity
in the rights-of-way that is expected to last more than 45 hours in
duration, a person must notify the Township of the activity and the
general nature of the project. The "activity" referred to in this
section pertains to any activity, including but not limited to construction
or maintenance activity.
[Ord. 309, 5/23/2006]
1.Â
Each new and renewing applicant for a right-of-way permit shall include
with its application an application fee, which shall be established
by the Board of Supervisors by separate resolution and which may be
adjusted from time to time. This fee shall be 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 costs of maintaining the rights-of-way; costs of
degradation of streets and right-of-way way property; administrative
costs related to the rights-of-way; traffic control costs pertaining
to work in the rights-of-way; and inspection costs. 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.
2.Â
Each applicant for a construction permit shall include with its application
an application fee, which shall be established by the Board of Supervisors
by separate resolution and which may be adjusted from time to time.
This fee shall be 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 also pay, within 30 days of the
presentation of a statement, the Township's actual costs directly
related to the applicant's construction project, 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.
A construction permit shall apply to a specific construction project
in the Township, and each succeeding construction project shall require
the issuance of a separate construction permit.
3.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 Township as a 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 public safety personnel and/or the cost of hazardous waste cleanup
or other emergency services. The statement of such expenses presented
to the permit holder shall be directly related to the Township's
actual costs.
4.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 Township's right to suspend or terminate the permit according
to the terms of this Part.
[Ord. 309, 5/23/2006]
1.Â
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.
2.Â
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.
3.Â
A permit holder shall allow the Township 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.
[Ord. 309, 5/23/2006]
1.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 Township with 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 Township pursuant to § 807, Subsection 1, above and all applicable federal, state and local laws and regulations.
2.Â
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
30 days, weather permitting. In the event that the permit holder fails
to restore the right-of-way or Township property to its former condition,
the Township may repair such damage and assess all such costs to the
permit holder.
3.Â
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.
4.Â
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
that is satisfactory to the Township. The name of the permit holder
shall be clearly disclosed to such residents.
5.Â
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.
6.Â
Any vehicle used for construction activity in the Township by the
permit holder, including vehicles of any contractor or subcontractor
of the permit holder, shall prominently display a company logo. Any
employee or agent of the permit holder, including any contractor of
subcontractor, who personally visits any residential dwelling in the
Township shall display a photo identification badge.
7.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.
8.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.
[Ord. 309, 5/23/2006]
1.Â
A permit holder shall, at its sole cost and expense, indemnify, defend
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, reasonable 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.
2.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 issued to
the permit holder by an insurance company licensed to do business
in the Commonwealth of Pennsylvania in an amount and form acceptable
to the Township as set forth in the permit. A permit holder shall
name the Township as an additional insured on its liability insurance
policies, for whom defense will be provided as to all such coverages.
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 permit holder shall provide appropriate insurance
certificates to the Township within 30 days after the execution of
a permit and annually with an application for a renewal permit. Any
certificate of insurance presented to the Township shall verify that
the Applicant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the applicant's
use and occupancy of the rights-of-Way.
[Ord. 309, 5/23/2006]
1.Â
A permit holder shall annually provide the Township, upon application
for renewal of the permit or upon request, a current map of the locations
of its existing equipment and facilities and a summary of all additions
and deletions of equipment and facilities 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
Township in writing.
2.Â
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 as proprietary
and confidential if such information is designated in good faith as
such prior to the time it is provided to the Township.
[Ord. 309, 5/23/2006]
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, prior to the transfer or assignment to comply
with all of the obligations and requirements contained in this Part.
[Ord. 309, 5/23/2006]
1.Â
All persons submitting a request for a permit to construct or maintain
a telecommunications system in accordance herewith shall file with
their request a bond, solely for the protection of the Township, with
a surety company or trust company as surety in the amount of $25,000,
to protect the Township from any and all damages or costs suffered
or incurred by the Township as a result thereof, including but not
limited to attorneys' fees and costs of any action or proceeding,
the full amount of compensation, indemnification, cost of removal
or abandonment of any property, or other costs resulting from a default.
The bond shall be a continuing obligation during the entire term of
any right-of-way permit or construction permit issued in accordance
herewith.
2.Â
None of the provisions of this § 815, nor any bond accepted
by the Township pursuant hereto, nor any damages recovered by the
Township thereunder shall be construed to excuse the faithful performance
by or limit the liability of the permit holder under this Part or
any permit issued in accordance herewith or for damages either to
the full amount of the bond or otherwise.
[Ord. 309, 5/23/2006]
1.Â
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:
A.Â
A permit holder fails, after 30 days prior written notice, to comply
with any of the material provisions of the permit or this Part.
B.Â
A permit holder attempts to or does practice any fraud or deceit
in its conduct or relations with the Township under the permit.
C.Â
The Township condemns all of the property of a permit holder within
the Township by the lawful exercise of eminent domain.
D.Â
The permit holder abandons the telecommunication system.
2.Â
A termination shall be declared only by a written decision of the
Board of Supervisors after an appropriate public hearing that shall
afford the permit holder due process and a full opportunity to be
heard and to respond to any notice of grounds to terminate in accordance
with applicable law. All notice requirements shall be met by providing
the permit holder at least 60 days' prior written notice of a
public hearing concerning the proposed termination. Such notice shall
state grounds for termination. The Board of Supervisors, after a public
hearing and upon finding the existence of grounds for termination,
may either declare the permit terminated or excuse such grounds upon
a showing by the permit holder of mitigating circumstances or good
cause for the existence of such grounds.
[Ord. 309, 5/23/2006]
1.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, commence to 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, the permit holder shall
fill said conduit or pipe with material in a manner satisfactory to
Township.
2.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 Township with written notice of its abandonment
at least 30 days prior to such decision, which notice shall describe
the equipment and its location.
3.Â
The Township may request the permit holder to declare the permit
holder's intention as to abandonment to all or part of the telecommunications
system during the term of the permit. The permit holder shall respond
to such request within 90 days, or such portions of the telecommunications
system shall be deemed abandoned.
4.Â
The Township shall have the right to require the permit holder to
commence to remove the abandoned telecommunications system, in part
or in total, upon 60 days' prior written notice to the permit
holder. If such removal is not completed within six months of such
notice, the Township may remove it at the permit holder's expense.
[Ord. 309, 5/23/2006]
Any person who has violated any of the terms of this Part shall,
upon being found liable in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorneys' fees incurred by the Township
as a result thereof. The District Justice shall have initial jurisdiction
over proceedings brought pursuant to this Part. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the appropriate rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice, determining that there has been a violation
further determines that there was a good-faith basis for the person
violating this Part to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys' fees collected for the violation of
this Part shall be paid over to North Strabane Township.
[Ord. 309, 5/23/2006]
The Township, by granting any permit under this Part, 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.
[Ord. 309, 5/23/2006]
The provisions of this Part 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
Township.
