[Ord. No. 441,
passed 11-6-2008]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this chapter, whether or not capitalized, shall
be as follows:
(a) APPLICANT — Means the person who has applied for a right-of-way
permit or a construction permit.
(b) APPLICATION — Means the form prescribed by Upper Providence
Township, which the applicant must complete in order to obtain a right-of-way
permit.
(c) CONSTRUCTION — Means 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 (including maintenance
and repair of equipment or extension or a single line from equipment
in a right-of-way) 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 chapter) shall be
done in accordance with the standards and provisions set forth in
67 Pa. Code § 459.8, as amended. Likewise, any above ground
construction shall be in accordance with 67 Pa. Code § 459.9.
All references in foregoing Code sections to the District Office,
the Department of Transportation or similar references shall be deemed
to be references to Upper Providence Township.
(d) CONSTRUCTION PERMIT — Means the document that must be obtained
before a person may perform construction in a right-of-way.
(e) EMERGENCY — Means an interruption of service or a condition
that poses a clear and immediate danger to life or health, or significant
loss of property.
(f) EQUIPMENT — Means any work to be performed or any tangible
property located or proposed to be located in a right-of-way whether
temporary or permanent, including, but not limited to, wires, lines,
cables, conduits, pipes, supporting structures (including telecommunications
systems) or other facilities.
(g) IN — When used in conjunction with rights-of-way means over,
above, in, within, on or under right-of-way.
(h) MAINTENANCE — Means work of a minor nature that will keep an
existing condition from failure or decline.
(i) PERMIT HOLDER — Means the person obtaining a right-of-way permit.
(j) PERSON — Means any individual, firm, partnership, association,
corporation, company or other business entity.
(k) RIGHT(S)-OF-WAY — Means the surface and space in, on, above
and below any real property in which Upper Providence Township 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.
(l) RESTORE or RESTORATION — Means the process by which a right-of-way
is returned to a state that is as good or better as its condition
before construction (see reference to 67 Pa. Code § 459.8,
under "construction", above).
(m) RIGHTS-OF-WAY PERMIT or PERMIT — Means a written authorization
granted by the Upper Providence Township to an applicant for use of
the rights-of-way in Upper Providence Township for wires, lines, cables,
conduits, pipes, supporting structures and other facilities.
(n) TELECOMMUNICATIONS SERVICES — Means the services involving
the transmission of video, data and/or voice communications and/or
content, both active and interactive, and associated usage.
(o) TELECOMMUNICATIONS SYSTEM — Means a system used or to be used
to provide telecommunication services, and where permitted by the
Upper Providence Township Zoning Ordinance, shall also include towers,
cellular and wireless towers, facilities and equipment as defined
in Section 300-119, therein.
(p) UNDERGROUND EQUIPMENT — Means all equipment that is located
wholly or partially underground underneath a right-of-way.
(q) ZONING ORDINANCE — Means the official Zoning Ordinance of Upper
Providence Township, as may be amended from time to time, in effect
on the date of submission of an application.
[Ord. No. 441,
passed 11-6-2008]
(a) No person shall enter upon or occupy any right-of-way for the purpose
of installing, constructing, maintaining or operating any equipment
in a right-of-way without first having obtained a right-of-way permit.
Any person maintaining or operating a telecommunications system in
a right-of-way as of the effective date of this chapter shall also
obtain a right-of-way permit.
(b) Before a right-of-way permit is issued, the holder or applicant for
a right-of-way permit shall have applied for any and all regulatory
approvals, permits or authorizations from the appropriate Federal,
State and local authorities, if required. The applicant shall submit
written evidence of its receipt of all such approvals, permits or
authorizations.
(c) Nothing in this chapter shall be construed as a waiver of any ordinance
or regulations of Upper Providence Township's right to require
prospective or current right-of-way permit holders to secure and remit
payment for any and all required permits or authorizations, and nothing
herein shall be construed as permission or authorization to establish
telecommunications systems in any right-of-way in contravention of
the provisions of the Zoning Ordinance.
[Ord. No. 441,
passed 11-6-2008]
(a) A right-of-way permit shall only be granted after an applicant has
completed an application, and provided such information which Upper
Providence Township may reasonably require. Upon request, an applicant
shall be provided with a copy of the then current application for
a right-of-way permit. The applicant shall provide information regarding
the applicant's proposed or actual physical use and occupation
of the right-of-way. Specifically, the applicant shall provide: a
brief description of the telecommunications service or services to
be offered or provided in or through Upper Providence Township, if
applicable; specific information regarding the equipment it proposes
to place or currently maintains in the rights-of-way; and whether
the equipment will or does have a detrimental effect on public safety
as it relates to the rights-of-way. If the completed application does
not fully provide such requested information, Upper Providence Township
may require such additional information as is necessary to enable
it to make a determination regarding the physical use and occupation
of the rights-of-way by the applicant. The application may request
less information from a permit holder applying for a renewal of a
right-of-way permit.
(b) Upon submission of a fully completed application to Upper Providence Township and the accompanying fee and such other information as Upper Providence Township may require, Upper Providence Township shall review the application as follows. For new applicants, Upper Providence Township shall grant or deny such applications within 30 business days. For existing permit holders applying for a renewal of their permits, who are not under suspension in accordance with Section
1023.04, Upper Providence Township shall grant or deny such applications within 15 business days. If Upper Providence Township fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, Upper Providence Township shall review the application to determine whether such use would have a detrimental effect on public safety as it relates to the rights-of-way or would place an undue physical burden on the rights-of-way.
(c) In considering an application, Upper Providence Township may use
such outside experts as it deems necessary. In the event Upper Providence
Township deems it necessary to employ an outside expert to advise
the Municipality with respect to a particular application, the reasonable
cost of such expert shall be borne by the applicant.
[Ord. No. 441,
passed 11-6-2008]
(a) The right-of-way permit shall be issued for a period of one year.
Permit holders shall apply for a renewal for a right-of-way permit
at least 30 days prior to its expiration. Upper Providence Township
may suspend such right-of-way permit in the event any one or more
of the following has occurred:
(1)
The permit holder shall have caused damage to Upper Providence
Township property or the right-of-way without the prior consent of
Upper Providence Township (except in the case of an emergency) and
without completing proper restoration;
(2)
The permit holder or the permit holder's equipment in the
right-of-way has had a detrimental effect on public safety as it relates
to the rights-of-way;
(3)
The permit holder failed to pay any of the fees required under
this chapter;
(4)
The permit holder failed to comply with construction standards in accordance with the provisions contained in Section
1023.08.
(5)
The permit holder failed to indemnify, hold harmless and insure Upper Providence Township in accordance with the provisions contained in Section
1023.09.
(b) If Upper Providence Township has reason to believe that one or more
of the above events has occurred, it shall notify the permit holder
in writing. The permit holder shall have 20 business days to cure
the violation, unless Upper Providence Township reasonably determines
that the event is an emergency, in which case Upper Providence Township
may impose a shorter time period to cure the violation.
(c) If the permit holder fails to cure the violation within the specified
time period, Upper Providence Township shall be permitted to immediately
suspend the right-of-way permit. A suspension shall be brought to
the attention of the Council at its next regularly scheduled meeting
at which time the Council shall be permitted to uphold or withdraw
the suspension. The permit holder shall be provided an opportunity
to be heard at such meeting.
[Ord. No. 441,
passed 11-6-2008]
(a) Except in the case of an emergency, before commencing any construction
in the right-of-way, a person shall submit to Upper Providence Township
detailed plans of the proposed construction activity. Such plans shall
include the type of construction activity, the equipment proposed
to be installed or erected, the specific locations of the construction
activity and the scheduled beginning and ending dates of all planned
construction. Such plans shall also include the name(s), address(es)
and experience of any and all subcontractors whom applicant intends
to utilize. Such information may be submitted concurrently with an
application for a right-of-way permit.
(b) Upon submission of all such information required in subsection
(a) above, Upper Providence Township shall review such information and either grant or deny a construction permit within 30 days. If Upper Providence Township fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, Upper Providence Township shall review the information provided herein to determine whether such construction would have a detrimental impact on public safety as it relates to the rights-of-way. Upper Providence Township may impose conditions on the construction permit regulating the times, locations, and manner of construction to preserve effective traffic flow, prevent hazardous road and other conditions and/or minimize noise impacts.
[Ord. No. 441,
passed 11-6-2008]
(a) Each new applicant for a right-of-way permit shall include with its
application an application fee as determined and set by the Council,
from time-to-time, by resolution. This fee shall be directly related
to Upper Providence Township's costs in reviewing the application
(excluding expert costs) and managing the rights-of-way with respect
to each permit holder. Such costs in managing the rights-of-way include,
but are not limited to, inspection costs, administrative costs, costs
of maintaining the rights-of-way and costs of degradation of streets
and right-of-way property. This fee will not be refunded in the event
the application is denied. If the application is granted, the application
fee will apply to the full term of the right-of-way permit of one
year. If the applicant applies for a construction permit concurrently
with the application for a right-of-way permit, then the application
fee contained herein shall apply to both the right-of-way permit and
the construction permit.
(b) Each existing permit holder applying for a renewal of its right-of-way
permit shall include with its application an annual fee as determined
and set by the Council, from time-to-time, by resolution. Such costs
include, but are not limited to, inspection costs, administrative
costs, costs of maintaining the rights-of-way and costs of degradation
of streets and right-of-way property.
(c) Each applicant for a construction permit shall include with its application
an application fee as determined and set by the Council, from time-to-time,
by resolution. If the application for a construction permit is denied,
this fee shall not be refunded. If the application is granted, then
the applicant shall pay, within 30 days of the presentation of a statement,
Upper Providence Township's actual costs based on the hourly
rate established by resolution of the Council. Such actual costs include,
but are not limited to, costs of disruption and rerouting of traffic,
inspection costs and administrative costs.
(d) Extraordinary expenses. In addition to the fees set forth above,
a permit holder shall pay, within 30 days of the presentation of a
statement, any extraordinary or unusual expenses reasonably incurred
by Upper Providence Township as a result of the permit holder's
use of the rights-of-way, provided that Upper Providence Township
notifies the permit holder of the expected expenses prior to them
being incurred and provides the permit holder with an opportunity
to mitigate such expenses. Examples of extraordinary or unusual costs
include, but are not limited to, the cost of obtaining and operating
a backhoe, dump truck or other heavy equipment used to repair the
right-of-way, overtime or special pay for police officers or other
emergency services. The statement of such expenses presented to the
permit holder shall be directly related to the Upper Providence Township's
actual costs.
(e) Acceptance of payment under this section shall not in any way limit
or waive the Upper Providence Township's right to suspend or
terminate the permit according to the terms of this chapter.
[Ord. No. 441,
passed 11-6-2008]
(a) Upper Providence Township shall have the right to limit the placement
of new or additional equipment in the right-of-way if there is insufficient
space to reasonably accommodate all requests to occupy and use the
rights-of-way. Upper Providence Township shall consider requests for
occupying and using the rights-of-way in the order of receipt of fully
completed applications for rights-of-way permits. Upper Providence
Township shall strive, to the extent possible, to accommodate all
requests, but shall be guided by the physical condition of the right-of-way
and whether such use would have a detrimental effect on public safety
as it relates to the right-of-way.
(b) Upper Providence Township shall have the right, but not the obligation,
to monitor the use of any equipment or activity related thereto located
in the rights-of-way.
(c) A permit holder shall allow Upper Providence Township to make inspections
of any part of the permit holder's equipment located in the rights-of-way
at any time upon three days notice, or, in case an emergency, upon
demand.
[Ord. No. 441,
passed 11-6-2008]
(a) Whenever a permit holder or any of its subcontractors shall disturb
any pavement, sidewalk or other public property in order to perform
any underground activities, the permit holder will fully comply by
registering with Pennsylvania's "One Call" system pursuant to
73 P.S. § 176 et seq., as may be amended from time to time.
Each permit holder shall perform construction activity in a manner
consistent and in compliance with the detailed plans it submitted
to Upper Providence Township and all applicable Federal, State and
local laws and regulations.
(b) Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to Upper Providence Township's
property in the right-of-way, the permit holder shall restore such
right-of-way or property within 10 days, weather permitting.
(c) The equipment shall not endanger or interfere with the safety of
persons or property within Upper Providence Township. All operating,
maintenance, construction and repair personnel shall be thoroughly
trained in the safe use of all equipment and in the safe operation
of vehicles. Such personnel shall follow all safety procedures required
by applicable Federal, State and local laws and regulations. The permit
holder shall routinely inspect and maintain all areas of any equipment
so that conditions, which could develop into safety hazards, shall
be corrected before they become a hazard.
(d) Except in the case of an emergency, at least three days prior to
the commencement of any construction activity, permit holder shall
notify nearby residents of such construction activity which is satisfactory
to Upper Providence Township. The name of the permit holder shall
be clearly disclosed to such residents.
(e) All construction activity shall be performed in an orderly and workmanlike
manner, and in close coordination with public utilities serving Upper
Providence Township following accepted industry construction procedures
and practices.
(f) All wires, cables and other equipment shall be installed, where possible,
parallel with electric and telephone lines, and multiple cable configurations
shall be arranged in parallel and bundles with due respect for engineering
considerations.
(g) All wires, cables and other equipment shall be installed underground
where required by municipal ordinance or regulation consistent with
the same requirement being imposed on all other similarly situated
companies, including public utilities.
[Ord. No. 441,
passed 11-6-2008]
(a) A permit holder shall, at its sole cost and expense, indemnify and
hold harmless Upper Providence Township, its elected and appointed
officials, employees and agents, at all times against any and all
claims for personal injury, including death, and property damage arising
out of the permit holder's use or occupancy of the rights-of-way.
A permit holder shall defend any actions or proceedings, against Upper
Providence Township in which it is claimed that personal injury, including
death, or property damage was caused by the permit holder's use
or occupancy of the rights-of-way. The obligation to indemnify, hold
harmless and defend shall include, but not be limited to, the obligation
to pay judgments, injuries liabilities, damages, attorney's fees,
reasonable expert fees, court costs and all other costs of indemnification.
A permit holder shall not be required to indemnify and hold the Municipality
harmless for claims caused by the Upper Providence Township's
negligence, gross negligence or willful misconduct.
(b) A permit holder shall at all times during the life of a permit carry
and require its subcontractors to carry liability, property damage,
worker's disability, and vehicle insurance in such form and amount
as shall be determined by Upper Providence Township as set forth in
the permit. A permit holder shall name Upper Providence Township as
an additional insured on its liability insurance policies. All required
coverage shall provide for 30 days notice to Upper Providence Township
in the event of material alteration of cancellation of such coverage
prior to the effective date of such material alteration or cancellation.
[Ord. No. 441,
passed 11-6-2008]
(a) A permit holder shall annually provide Upper Providence Township,
upon application for renewal of the permit, or upon request, the current
maps of the horizontal and vertical locations of its existing installations
and a summary of all additions and deletions of equipment in the rights-of-way,
unless no changes have occurred in the previous year. If no changes
have occurred in the previous year, permit holder shall so inform
Upper Providence Township. The permit holder may submit the required
information in an electronic format.
(b) A permit holder shall submit to Upper Providence Township such reasonable
information directly related to the permit holder's use and occupation
of the rights-of-ways as Upper Providence Township may request.
[Ord. No. 441,
passed 11-6-2008]
(a) A right-of-way permit may be transferred or assigned, upon 30 days
prior written notice to Upper Providence Township, provided that the
transferee/assignee agrees in writing to comply with all the obligations
and requirements contained in this chapter.
(b) Notwithstanding the foregoing, nothing in this chapter shall create
or be construed as granting any applicant or permit holder any interest
in real property, nor shall the issuance of any permit be so construed.
[Ord. No. 441,
passed 11-6-2008]
(a) A permit holder shall be required, prior to construction, to file
with the Township a bond in acceptable form, running in favor of the
Township to guarantee the permit holder's obligations under this
chapter. The amount of the bond shall be based on the construction
costs of the equipment to be installed in the rights-of-way, the extent
of the disturbance of such rights-of-way and shall be no less than
the cost of removal of the facilities authorized by the permit or
such other amount as reasonably specified by the Township. In the
event that a permit holder subject to a bond fails to complete construction,
upgrade or other work in the public rights-of-way in a safe, timely
and competent manner and in accordance with the provisions of this
chapter, it shall be recoverable, jointly and severally, from the
principal and surety of the bond, any damages or loss suffered by
the Township as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property
of the permit holder or the cost of completing or repairing any work
or damage in the rights-of-way, plus reasonable allowance for attorneys'
fees, up to the full amount of the bond. Before seeking recovery under
the bond, the Township shall provide the permit holder reasonable
notice and opportunity to cure.
(b) The rights reserved by the Township with respect to any bond established
pursuant to this subsection are in addition to all of the rights and
remedies the Township may have under this chapter or at law or equity.
[Ord. No. 441,
passed 11-6-2008]
In addition to all other rights and powers reserved by Upper
Providence Township, Upper Providence 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 or the permit of this chapter;
(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 within Upper Providence Township under
the permit;
(e) Upper Providence Township condemns all of the property of a permit
holder within Upper Providence Township by the lawful exercise of
eminent domain;
(f) The permit holder abandons the telecommunications system or other
equipment.
[Ord. No. 441,
passed 11-6-2008]
(a) Upon expiration or termination of the permit, if the permit is not
renewed, the permit holder shall, upon 60 days prior written notice
to the permit holder, remove its equipment from the rights-of-way
and shall restore said areas. If such removal is not completed within
six months of such notice, Upper Providence Township may deem any
property not removed as abandoned and Upper Providence Township may
remove it at the former permit holder's expense. In the event
that the permit holder installed and/or operated any underground conduit
or pipe, which is six inches or more in diameter, permit holder shall
fill said conduit or pipe with material in a manner satisfactory to
Upper Providence Township.
(b) During the term of the permit, if the permit holder decides to abandon
or no longer use all or part of its equipment, it shall provide Upper
Providence Township with written notice of its decision at least 30
days prior to such decision, which notice shall describe the equipment
and its location. Upper Providence Township shall have the right to
require the permit holder to remove the equipment upon 60 days prior
written notice to the permit holder. If such removal is not completed
within six months of such notice, Upper Providence Township may remove
it at the permit holder's expense.
[Ord. No. 441,
passed 11-6-2008]
Upper Providence Township, by granting any permit under this
chapter, does not waive, lessen, impair or surrender the lawful police
powers vested in Upper Providence Township under applicable Federal,
State and local laws pertaining to the regulation or use of the rights-of-way.
In addition, nothing herein shall be considered to authorize or grant
permission to any applicant to install or locate telecommunications
systems or other equipment in any rights-of-way, unless the same is
expressly permitted by the Zoning Ordinance and applicant has first
secured the necessary zoning permit(s) required under the Zoning Ordinance.
[Ord. No. 441,
passed 11-6-2008]
The provisions of this chapter shall be imposed and enforced
against all persons requiring a permit from Upper Providence Township,
provided, however, that where any other ordinance of Upper Providence
Township requires a person to obtain a permit, duplication of such
permit shall not be required under this chapter.
[Ord. No. 441,
passed 11-6-2008]
If Upper Providence Township 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, Upper Providence 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 $300 per day until the violation is
cured.