Unless the context specifically indicates otherwise, the meanings
of the terms used in this article, whether or not capitalized, shall
be as follows:
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. When the construction activities include drilling, boring,
driving or tunneling or trenching under, across or through any improved
right-of-way, all work (including restoration as set forth in this
article) shall be done in accordance with the standards and provisions
set forth in 67 Pa. Code § 459.8, as amended. Likewise,
any aboveground construction shall be in accordance with 67 Pa. Code
§ 459.9. All references in the foregoing code sections to
the "District Office," the "Department of Transportation" or similar
references shall be deemed to be references to the Township.
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.
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.
(See the reference to 67 Pa. Code § 459.8 under "construction"
above.)
RIGHT(S)-OF-WAY
The surface and space in, on, above and below any real property
in which the Township has an interest in law or in equity, including,
but not limited to, any public highway, street, watercourse, bridge,
park, green space, or any other place.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the Township to an applicant
for use of the public rights-of-way in the Township for the laying
of pipes, sewers, drains, conduits, wires, cable, or other facilities
of any description, or for making connections therewith or repairs
thereto, or for the setting or planting of telegraph, telephone, trolley,
electric, light, antenna, or similar poles, or for repairs thereto,
or for any other purpose.
TELECOMMUNICATIONS SERVICES
The services involving the transmission of video, data and/or
voice communications and/or content, both active and interactive,
and associated usage.
TELECOMMUNICATIONS SYSTEM
A system used or to be used to provide telecommunications services and, where permitted by Chapter
172, Zoning, of the Code of the Township of Newtown, shall also include towers, cellular and wireless towers, facilities and equipment, as defined therein.
A permit holder may be required to obtain a performance bond
in a reasonable amount set by the Township based on the cost of the
use or occupancy of a right-of-way and the extent of the disturbance
of such right-of-way. The performance bond shall ensure the permit
holder's faithful performance of its construction, maintenance, and
safety obligations. The Township may reduce or cancel the bond requirement
when construction is completed.
In addition to all other rights and powers reserved by the Township,
the Township reserves the right to terminate a permit and all rights
and privileges of a permit holder for any of the following reasons:
A. A permit holder fails, after 30 days' prior written notice, to comply
with any of the material provisions of the permit or this article.
B. A permit holder becomes insolvent, unable or unwilling to pay its
debts, or is adjudged bankrupt.
C. All or part of a permit holder's facilities are sold under an instrument
to secure a debt and are not redeemed by the permit holder within
90 days from such sale.
D. A permit holder attempts to or does practice any fraud or deceit
in its conduct or relations with the Township under the permit.
E. The Township condemns all of the property of a permit holder within
the Township by the lawful exercise of eminent domain.
F. The permit holder abandons its facilities.