[Adopted 8-9-2001 by Ord. No. 592]
As used in this article, the following terms shall have the
meanings indicated:
The person who has applied for a right-of-way permit or a
construction permit.
The form prescribed by Upper Chichester Township which the
applicant must complete in order to obtain a right-of-way permit.
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,
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 process by which a right-of-way is returned to a state
that is as good or better than its condition before construction.
The surface and space in, on, above and below any real property
in which the Township of Upper Chichester 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.
A written authorization granted by the Township of Upper
Chichester to an applicant for use of the rights-of-way in the Township
of Upper Chichester for wires, lines, cables, conduits, pipes, antenna,
supporting structures and other facilities.
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 telecommunication
services.
All equipment that is located wholly or partially underneath
a right-of-way.
A.
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.
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,
state, and county authorities, if required. Upon the request of the
Township of Upper Chichester, the applicant shall submit written evidence
of its applications for or receipt of all such approvals, permits
or authorizations.
C.
Nothing in this article shall be construed as a waiver of any ordinances
or regulation of the Township of Upper Chichester or the Township
of Upper Chichester's right to require perspective or current
right-of-way permit holders to secure and remit payment for any and
all required permits or authorizations.
A.
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 of Upper Chichester, which form may be revised from time
to time. Upon request, an applicant shall be provided 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.
(1)
Specifically, the application shall request:
(a)
A brief description of the telecommunications service or services
to offered or provided in or through the municipality;
(b)
Specific information regarding the equipment it proposes to
place or currently maintains in the rights-of-way;
(c)
The expected physical burden that such equipment will place
or does place on the rights-of-way; and
(d)
Whether the equipment will or does have a detrimental effect
on public safety as it relates to the rights-of-way.
(2)
If the completed application does not fully provide such requested
information, the Township of Upper Chichester 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.
Upon submission of a fully completed application to the Township of Upper Chichester and the accompanying fee, the Township of Upper Chichester shall review the application as follows. For new applicants, the Township of Upper Chichester shall grant or deny such applications within 30 business days. For existing permit holders applying for a renewal of their permits, who are not under suspension in accordance with § 500-36 below, the Township of Upper Chichester shall grant or deny such application within 10 business days. If the Township of Upper Chichester fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, the Township of Upper Chichester shall review the application to determine whether such use would have a detrimental effect on public safety as it related to the rights-of-way or would place an undue physical burden on the rights-of-way.
C.
In considering an application, the Township of Upper Chichester may
use such outside experts as it deems necessary. In the event the Township
of Upper Chichester 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.
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 Township of Upper Chichester may suspend such
right-of-way permit in the event any one or more of the following
has occurred:
(1)
The permit holder shall have caused damage to the Township of Upper
Chichester property or the right-of-way without the prior consent
to the Township of Upper Chichester (except in the case of an emergency)
and without completing proper restoration;
(2)
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)
The permit holder failed to pay any of the fees required under this
article;
B.
If the Township of Upper Chichester had 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 10 business days to
cure the violation, unless the Township of Upper Chichester reasonably
determines that the event is an emergency, in which case the Township
of Upper Chichester may impose a shorter time period to cure the violation.
C.
If the permit holder fails to cure the violation within the specified
time period, the Township of Upper Chichester shall be permitted to
immediately suspend the right-of-way permit. A suspension shall be
brought to the attention of the Township of Upper Chichester at its
next meeting at which time the Township of Upper Chichester shall
be permitted to uphold or withdraw the suspension. The permit holder
shall be provided an opportunity to be heard at such meeting.
A.
Except in the case of an emergency, before commencing any construction
in the rights-of-way, a person shall submit to the Township of Upper
Chichester 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 applicant
intends to utilize. Such information may be submitted concurrently
with an application for a right-of-way permit.
B.
Upon submission of all such information required in Subsection A above, the Township of Upper Chichester shall review such information and either grant or deny a construction permit within 30 business days. If the Township of Upper Chichester fails to grant or deny the construction permit within such time period, the permits shall be deemed granted. In each such case, the Township of Upper Chichester 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 Township of Upper Chichester 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.
Each new applicant for a right-of-way permit shall include with its
application an application fee as established by resolution of the
Board of Commissioners from time to time. This fee is directly related
to the Township of Upper Chichester'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, 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.[1]
B.
Each existing permit holder applying for a renewal of its right-of-way
permit shall include with its application an annual fee as established
by resolution of the Board of Commissioners from time to time. This
fee is directly related to the Township of Upper Chichester's
costs in managing the right-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.[2]
C.
Each applicant for a construction permit shall include with its application
an application fee as established by resolution of the Board of Commissioners
from time to time. This fee is directly related to the Township of
Upper Chichester's costs in reviewing the application and determining
time, place and manner restricting 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 Township
of Upper Chichester's actual costs based on the hourly rate established
by Resolution of the Township of Upper Chichester's governing
body. Such actual costs include but are limited to costs of disruption
and rerouting of traffic, inspection costs and administrative costs.[3]
D.
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 of Upper Chichester as a result of the permit holder's
use of the rights-of-way, provided that the Township of Upper Chichester
notifies the permit holder of the expected expenses prior to 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 Township of Upper Chichester's actual
costs.
E.
In the event that any 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 of Upper Chichester's right to suspend
or terminate the permit according to the terms of this article.
A.
The Township of Upper Chichester 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 of Upper Chichester 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 of Upper Chichester 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.
The Township of Upper Chichester 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.
A permit holder shall allow the Township of Upper Chichester to make
inspections of any part of the permit holder's telecommunications
system located in the Rights of Way at any time upon three days notice,
or, in case of an emergency, upon demand.
A.
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. Each permit holder shall perform construction
activity in a manner consistent and in compliance with the detailed
plans it submitted to the Township of Upper Chichester and all applicable
federal, state and local laws and regulations.
B.
Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to the Township of Upper Chichester
property in the right-of-way, the permit holder shall restore such
right-of-way or property within 10 business days, weather permitting.
C.
The telecommunications system shall not endanger or interfere with
the safety of persons or property within the Township of Upper Chichester.
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.
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
which is satisfactory to the Township of Upper Chichester. The name
of the permit holder shall be clearly disclosed to such residents.
E.
All construction activity shall be performed in an orderly and workmanlike
manner, and in close coordination with public utilities serving the
Township of Upper Chichester following accepted industry construction
procedures and practices.
F.
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.
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.
A.
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless the Township of Upper Chichester, 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 of Upper Chichester 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,
attorney's 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 Township of Upper Chichester's negligence, gross negligence
or willful misconduct.
B.
A permit holder shall at all times during the life of a permit carry
and require its subcontractors to carry liability, property damage,
workers' compensation and vehicle insurance in such form and
amount as shall be determined by the Township of Upper Chichester
as set forth in the permit. A permit holder shall name the Township
of Upper Chichester as an additional insured on its liability insurance
policies. All required insurance coverage shall provide for 30 days
notice to the Township of Upper Chichester in the event of material
alteration or cancellation of such coverage prior to the effective
date of such material alteration or cancellation.
A.
A permit holder shall annually provide the Township of Upper Chichester
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, permit holder shall so inform
the Township of Upper Chichester.
B.
A permit holder shall submit to the Township of Upper Chichester
such reasonable information directly related to the permit holder's
use and occupation of the rights-of-way as the Township of Upper Chichester
may request. All information provided to the Township of Upper Chichester
shall be maintained by the Township of Upper Chichester as proprietary
and confidential if such information is designated in good faith as
such prior to the time it is provided to the Township of Upper Chichester.
A right-of-way permit may be transferred or assigned, upon 30
days written notice to the Township of Upper Chichester, 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 Township of Upper
Chichester 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 Township
of Upper Chichester may reduce or cancel the bond requirement when
construction is completed.
A.
In addition to all other rights and powers reserved by the Township
of Upper Chichester, the Township of Upper Chichester reserves the
right to terminate a permit and all rights and privileges of a permit
holder for any of the following reasons:
(1)
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)
A permit holder becomes insolvent, unable or unwilling to pay its
debts, or its adjudged bankrupt.
(3)
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)
A permit holder attempts to or does practice any fraud or deceit
in its conduct or relations with the Township of Upper Chichester
under the permit.
(5)
The Township of Upper Chichester condemns all of the property of
a permit holder within the Township of Upper Chichester by the lawful
exercise of eminent domain.
(6)
The permit holder abandons the telecommunication system.
B.
No termination shall be effective unless and until the Township of
Upper Chichester governing body 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 permit holder and an opportunity for the permit holder to be heard
before the Township of Upper Chichester governing body on the proposed
resolution.
A.
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 Township of Upper Chichester may deem
any property not removed as abandoned and the Township of Upper Chichester
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 appropriate material in a manner
satisfactory to the Township of Upper Chichester.
B.
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 of Upper Chichester with written notice
of its decision at least 30 days prior to such decision, which notice
shall describe the equipment and its location. The Township of Upper
Chichester 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 Township of Upper Chichester may remove it at the permit holder's
expense.
If the Township of Upper Chichester 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 10 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 Township of Upper Chichester may, in
its reasonable judgment, extend the time period to cure. Any person,
firm or corporation who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, together with the costs of prosecution, and, in
default of payment of such fine and costs, shall be subject to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
article continues shall constitute a separate offense.
The municipality, by granting any permit holder a permit under
this article, does not waive, lessen, impair or surrender the lawful
police powers vested in the Township of Upper Chichester under applicable
federal, state and local laws 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 from the Township of Upper
Chichester.
