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 Millvale 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, or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition
from failure to 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 PERMIT or PERMIT
A written agreement granted by the Borough of Millvale to
an applicant for use of the rights-of-way in the Borough of Millvale
for wires, lines, cables, conduits, pipes, supporting structures,
and other facilities.
RIGHTS-OF-WAY
The surface and space in, on, above and below any real property
in which the Borough of Millvale 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.
TELECOMMUNICATIONS SERVICE
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 Borough of Millvale, provided that the
transferee/assignee agrees in writing to comply with all 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 Millvale
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 Millvalle
may reduce or cancel the bond requirement when construction is complete.
If the Borough of Millvale 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 Millvale 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 not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough lockup for a period not exceeding 10 days or to the county
jail for a period not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
The Borough of Millvale, by granting any permit under this chapter,
does not waive, lessen, impair or surrender the lawful police powers
vested in the Borough of Millvale 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 Millvale.