Unless the context specifically indicates otherwise, the meaning
of the terms used in this chapter 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 of West View 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 the 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 a 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,
in, within, on or under 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.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property
in which the Borough of West View 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.
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 Borough of West View
to an applicant for the use of the rights-of-way in the Borough of
West View for wires, lines, cables, conduits, pipes, supporting structures
and other facilities.
TELECOMMUNICATIONS SERVICE
The service 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 Borough of West View, provided that the
transferee/assignee agrees, in writing, to comply with all of the
obligations and requirements contained in this chapter.
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Borough of West
View 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 Borough of West View may reduce
or cancel the bond requirement when construction is completed.
If the Borough of West View has reason to believe that the permit
holder violated any of the terms of this chapter, it shall notify
the permit holder, in writing, of the nature of the violation and
the section of this chapter which it believes has been violated. The
permit holder shall have 20 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 Borough of West View may, in its reasonable
judgement, extend the time period to cure. If the violation has not
been cured within the time period allowed, it shall be subsequently
punishable by a fine of up to $100 per day until the violation is
cured.
The Borough of West View, by granting any permit under this
chapter, does not waive, lessen, impair or surrender the lawful police
powers vested in the Borough of West View under applicable federal,
state and local laws pertaining to the regulation or use of the rights-of-way.
The provisions of this chapter shall be imposed upon and enforced
against all persons requiring a permit from the Borough of West View.