[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin 12-16-2014 by Ord.
No. 1194.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally enacted as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.
