[Ord. 524, 9/10/2007, § 1]
This Part shall be known and may be cited as the "Borough of
East Lansdowne Rights-of-Way Ordinance."
[Ord. 524, 9/10/2007, § 2)
This Part shall apply to all telecommunications companies governed
by Section 253 of the Telecommunications Act of 1996 which desire
to have access to the Borough public rights-of-way.
[Ord. 524, 9/10/2007, § 3]
This Part is designed to enable the Borough of East Lansdowne
to effectively respond to requests by telecommunications companies
for access to the Borough's public rights-of way, to manage the Borough's
public rights-of-way and to obtain limited compensation from those
seeking access to the Borough's public rights-of-way.
[Ord. 524, 9/10/2007, § 4]
1.
A telecommunication company which desires to have access to the Borough's
public rights-of-way must first obtain a rights-of-way permit from
the Borough. The permit application shall be accompanied by a nonrefundable
application fee of $250 and must include the following information:
A.
Descriptions of the proposed telecommunication service and the equipment
proposed to be installed in the rights-of-way.
B.
Any physical burden the equipment will place on the rights-of-way.
C.
Whether the equipment will have a detrimental effect on public safety
in the rights-of-way.
D.
Copies of authorizations from appropriate federal and state agencies
and, if applicable, documentation granting the applicant the right
to attach its equipment to utility poles.
E.
Proof of insurance coverage as required by this Part.
F.
A plan showing the proposed location of all equipment and wires.
2.
The Borough may retain outside experts to review permit applications
as it deems necessary.
3.
Once granted, a rights-of-way permit shall be valid for one year
from date of issuance. The permit fee shall be paid for each annual
renewal of the permit.
[Ord. 524, 9/10/2007, § 5]
An applicant who has been granted a right-of-way permit by the
Borough shall comply with the following construction safety standards
in installing, repairing, maintaining and removing equipment from
the Borough's public rights-of-way:
A.
Construction workers must be certified and/or trained in the safe
use of all construction equipment.
B.
The applicant shall routinely inspect work sites so that conditions
that could develop into safety hazards are corrected in a timely fashion.
C.
Arterial wires and equipment shall be properly maintained by the
telecommunications company.
D.
Underground wires and equipment shall be properly maintained by the
telecommunications company.
E.
The applicant shall provide notice to Borough property owners within
a one-hundred-foot radius prior to the commencement of any construction
activity.
F.
Construction activity may not interrupt the services of other telecommunications
companies or entities using the Borough's public rights-of-way.
G.
Construction activity shall be conducted in accordance with all other
applicable laws, ordinances and regulations.
[Ord. 524, 9/10/2007, § 6]
The Borough reserves the right to require an applicant to find
alternative locations in the Borough's public rights-of-way for its
wires and equipment in the event that physical space for the placement
of such equipment and wires is limited. All requests for locations
within the Borough's public rights-of-way will be accommodated by
the Borough in the order of receipt and will be guided by the physical
conditions of the rights-of-way.
[Ord. 524, 9/10/2007, § 7]
The Borough shall have the right to require an applicant whose
permit has expired or been terminated to remove any equipment and
wires which the applicant has installed in or along the Borough's
public rights-of-way at the applicant's expense. Failure to comply
with a removal request within 60 days of request shall be a violation
of this Part subject to the penalties set forth herein.
[Ord. 524, 9/10/2007, § 8]
As an express condition for the granting of a right-of-way permit,
the applicant shall indemnify, defend and hold harmless the Borough,
its elected and appointed officers and employees from and against
any and all claims or liability, including claims of personal injury,
property damage or death, arising from or in connection with the applicant's
use of the Borough's public rights-of-way. In addition, prior to the
commencement of any work in the Borough's public rights-of-way under
a permit, the applicant shall provide to the Borough evidence of insurance
coverage in types and amounts satisfactory to the Borough to address
any potential injuries or damage arising from the applicant's use
of the Borough's public rights-of-way. The applicant's policy of insurance
shall name the Borough as an additional insured under the policy and
shall provide that the Borough shall receive 30 days' written notice
prior to cancellation or termination of the policy.
[Ord. 524, 9/10/2007, § 9]
Any permit granted under this Part shall serve only to give
the applicant access to the Borough's public rights-of-way. An applicant
and anyone performing work for an applicant shall have a continuing
obligation to apply for and to obtain other permits required under
the Borough's ordinance and codes and any other applicable law or
regulations for the performance of work in the Borough's public rights-of-way.
[Ord. 524, 9/10/2007, § 10]
In the event that any provision if this Part is violated by
a telecommunications company, the Borough may impose any one or more
of the following penalties:
A.
Fines equal to $500 for each day that the violation continues in
the event that the telecommunications company fails to correct any
violation within 10 days of receipt of written notice thereof by the
Borough;
B.
Suspension of the permit until violations are corrected; and
C.
Termination of the permit for serious violations such as fraud or
abandonment of the equipment.
