The purpose of this Rights-of-Way Ordinance ("this chapter")
is to:
A. Assist Clarion Borough ("the Borough") in managing its public rights-of-way
with respect to telecommunications services providers in accordance
with applicable law;
B. Regulate the erection, construction, reconstruction, installation,
operation, maintenance, repair and removal of a telecommunications
system in, upon, along, across, above, over, under or in any manner
connected with the public rights-of-way of the Borough, as now or
in the future may exist; and
C. Provide the Borough with appropriate compensation for occupation
and use of the Borough's rights-of-way for a telecommunications system
and for the cost of regulating providers of telecommunications services
consistent with this chapter and applicable law.
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, which the applicant must
complete in order to obtain a right-of-way or construction permit.
CONSTRUCTION
The building, erection or installation in, on, over or under
a right-of-way. It does not include maintenance or repair of existing
aerial cables or equipment in a right-of-way or a single line extension
from equipment in the right-of-way.
CONSTRUCTION PERMIT
The written authorization granted by the Borough to an applicant
in order to perform construction in a right-of-way.
EMERGENCY
A condition that poses a clear and immediate danger to public
safety, including damage of life, 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.
EXPERT
Any person who has specialized skill or knowledge in technical,
legal, engineering, construction or related fields and who provides
assistance to the Borough regarding any matter included in this chapter.
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 as or better than its condition was prior to the construction.
RIGHT-OF-WAY or PUBLIC RIGHT-OF-WAY
The surface and space in, on, over, across, along, under
and above any real property in which the Borough has an interest in
law or in equity, including, but not limited to, any public street,
boulevard, avenue, road, highway, easement, bridge, freeway, alley,
court or any other place which is under the jurisdiction of the Borough,
other than real property owned in fee by the Borough.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the Borough to an applicant
for use of the rights-of-way in the Borough for the installation,
operation and/or maintenance of equipment.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in form
or content of the information as sent and received.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for a fee directly to
the public or to users who will make telecommunications available
directly to the public, regardless of the facilities used.
A right-of-way permit may be transferred or assigned, provided
that the transferee/assignee agrees in writing, prior to the transfer
or assignment, to comply with all of the obligations and requirements
contained in this chapter. The transferee/assignee shall so notify
the Borough in writing at least 30 days prior to the transfer or assignment.
If the Borough 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 that it believes has been violated. Except in the case
of an emergency, the permit holder shall have 30 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 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 $300 per day until the violation is
cured.
The Borough, by granting any permit under this chapter, does
not waive, lessen, impair or surrender the lawful police powers vested
in the Borough under applicable federal, state and local laws pertaining
to the regulation or use of the rights-of-way.
A permit holder shall have no recourse whatsoever against the
Borough for any loss, cost, expense or damage arising out of the failure
to grant a permit. By applying for a permit, the applicant acknowledges
that it has not been induced to enter into a permit by any understanding
or promise or other statement, whether verbal or written, by or on
behalf of the Borough or by any other third person concerning any
term or condition of a permit not expressed in this chapter.
During the term of the permit or at any time during the occupancy
of the Borough's rights-of-way, the permit holder shall notify the
Borough in writing of any additional occupancy or use by any person
other than the original permit holder of any equipment, including
the use of any conduit, of the permit holder in the rights-of-way
at least 30 days prior to any such occupancy or use.
The provisions of this chapter shall be imposed upon and enforced
against all persons requiring a permit for the provision of telecommunications
services or construction of a telecommunications system within the
Borough.