[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin 12-16-2014 by Ord. No. 1194. Amendments noted where applicable.]
Editor's Note: This chapter was originally enacted as Ch. 247 but was renumbered to fit the alphabetic sequence of the Code.
The purpose of this chapter is to establish permitting for all uses in public rights-of-way. It is intended to include the siting, erection and use of wireless communications towers and antennas, poles, pipes, wires, fiberoptics, boxes, equipment, structures, signs and any object within public rights-of-way.
All activity and use in a public right-of-way is subject to the rules set forth herein. No activity or use may be made and no tower, antenna, pole, pipe, wire, fiberoptics, box, equipment, structure, sign or any object may be erected or placed in a public right-of-way without first complying with the requirements of this chapter. A written, signed application shall be submitted to the Borough Community Development Office on a form to be provided by the Borough. The payment of a permit application fee shall accompany any application. A fee schedule will be established by the Borough Council from time to time as it sees fit and may be amended at any time by simple resolution.
The construction or placement of any tower, antenna, pole, pipe, wire, box, equipment, structure or any object within a public right-of-way shall be subject to all existing Borough ordinances, Building Code requirements, Construction Code requirements, federal and state statutes and applicable safety codes. All applications will be reviewed by the Borough Community Development Office and the Borough Engineer as needed to verify that the proposed construction or placement is in compliance with all such ordinances, rules and regulations. In that event, the permit will be issued.
Any person or entity who places any object whatsoever in a public right-of-way without complying with this chapter shall be subject to a daily fine not to exceed $600 per day. Each day of violation shall be deemed to constitute a separate offense. Any person or entity found to be in violation of this chapter shall be provided notice by the Borough Development Office to remove whatever object or device that has been placed in a public right-of-way in violation of this chapter. In the event that the person or entity in violation fails to comply with the removal notice within 30 days of the date of the notice, the Borough shall have the right to remove the illegal device or object at the expense of the person or entity who placed it.