As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
The person who has applied for a right-of-way permit or a
construction permit.
APPLICATION
The form prescribed by Upper Chichester Township which the
applicant must complete in order to obtain a right-of-way permit.
CONSTRUCTION
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.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform
construction in a right-of-way.
EMERGENCY
An interruption of service or 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.
IN
When used in conjunction with rights-of-way means over, above,
within, on, or under a right-of-way.
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 than its condition before construction.
RIGHT-OF-WAY
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.
RIGHT-OF-WAY PERMIT or PERMIT
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.
TELECOMMUNICATIONS SERVICES
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 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.
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.