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 Township of Hampton 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, in, 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 as its condition before construction.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property
in which the Township of Hampton 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 Hampton
to an applicant for use of the rights-of-way in the Township for wires,
lines, cables, conduits, pipes, 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 Hampton, 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 Township of Hampton
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 Hampton
may reduce or cancel the bond requirement when construction is completed.
If the Township of Hampton 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 Township may, in its reasonable judgment, 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 Township of Hampton, by granting any permit under this chapter,
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.
The provisions of this chapter shall be imposed upon and enforced
against all persons requiring a permit from the Township of Hampton.