[Ord. 309, 5/23/2006]
The purpose of this Right-of-Way Ordinance (hereinafter referred
to as "this Part") is to:
A. 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. 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. 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]
Unless the context specifically indicates otherwise, the meanings
of the terms used in this Part 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 Township, which the applicant
must complete in order to obtain a right-of-way or construction permit.
CONSTRUCTION
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.
CONSTRUCTION PERMIT
The written authorization granted by the Township to an applicant
in order to perform construction in a 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 or 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 PERMIT or PERMIT
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.
RIGHT-OF-WAY or PUBLIC RIGHT-OF-WAY
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.
TELECOMMUNICATIONS
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.
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.
[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]
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]
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.