[Ord. 2045, 3/12/2001, § 1]
1.
APPLICANT
APPLICATION
CONSTRUCTION
CONSTRUCTION PERMIT
EMERGENCY
EQUIPMENT
IN
MAINTENANCE
PERMIT HOLDER
PERSON
RIGHT-OF-WAY
RESTORE OR RESTORATION
RIGHT-OF-WAY PERMIT OR PERMIT
TELECOMMUNICATIONS SERVICES
TELECOMMUNICATIONS SYSTEM
UNDERGROUND EQUIPMENT
Unless the context specifically indicates otherwise, the meaning
of the terms used in this Part shall be as follows:
The person who has applied for a right-of-way permit or a
construction permit.
The form prescribed by Ross Township which the applicant
must complete in order to obtain a right-of-way permit.
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.
The document that must be obtained before a person may perform
construction in a right-of-way.
An interruption of service or a condition that poses a clear
and immediate danger to life or health, or significant loss of property.
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.
When used in conjunction with rights-of-way, means over,
above, in, within, on or under a right-of-way.
Work of a minor nature that will keep an existing condition
from failure or decline.
The person obtaining a right-of-way permit.
Any individual, firm, partnership, association, corporation,
company or other business entity.
The surface and space in, on, above and below any real property
in which the Township of Ross 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.
The process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
A written authorization granted by the Township of Ross to
an applicant for use of the rights-of-way in the Township for wires,
lines, cables, conduits, pipes, supporting structures and other facilities.
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 system used or to be used to provide telecommunication
services.
All equipment that is located wholly or partially underneath
a right-of-way.
[Ord. 2045, 3/12/2001, § 2]
1.
No person shall enter upon or occupy any right-of-way for the purpose
of installing, constructing, maintaining or operating a telecommunications
system without first having obtained a right-of-way permit. Any person
maintaining or operating a telecommunications system as of the effective
date of this Part shall also obtain a right-of-way permit.
2.
Before a right-of-way permit is issued, the holder of or applicant
for a right-of-way permit shall have applied for any and all regulatory
approvals, permits or authorizations from the appropriate federal
and state authorities, if required. Upon the request of the Township
of Ross, the applicant shall submit written evidence of its applications
for or receipt of all such approvals, permits or authorizations.
3.
Nothing in this Part shall be construed as a waiver of any ordinance
or regulation of the Township of Ross or the 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.
[Ord. 2045, 3/12/2001, § 3; as amended by Ord.
2288, 4/12/2010]
1.
A right-of-way permit shall only be granted after an applicant has
completed an application in the form that has been prescribed by the
Township of Ross, which form may be revised from time to time. Upon
request, an applicant shall be provided with a copy of the then current
application for a right-of-way permit. The application shall request
information regarding the applicant's proposed or actual physical
use and occupation of the rights-of-way. Specifically, the application
shall request: 1) a brief description of the telecommunications service
or services to be offered or provided in or through the Township;
2) specific information regarding the equipment it proposes to place
or currently maintains in the rights-of-way; 3) the expected physical
burden that such equipment will place or does place on the rights-of-way;
and 4) 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 the
Township of Ross may request 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.
2.
Upon submission of a fully completed application to the Township
of Ross and the accompanying fee, the Township shall review the application
as follows. The Township shall grant or deny such applications within
45 days. If the Township fails to grant or reject such application
within the time period specified above, the application shall be deemed
approved. In each case, the 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.
3.
In considering an application, the Township of Ross may use such
outside experts as it deems necessary. In the event the Township deems
it necessary to employ an outside expert to advise the Township with
respect to a particular application, the reasonable costs of such
expert shall be borne by the applicant.
[Ord. 2045, 3/12/2001, § 4]
1.
The right-of-way permit shall be issued for a period of one year.
Permit holders may apply for a renewal of a right-of-way permit prior
to its expiration. The Township may suspend such right-of-way permit
in the event any one or more of the following has occurred:
A.
The permit holder shall have caused damage to Ross Township property
or the right-of-way without the prior consent of the Township (except
in the case of an emergency) and without completing proper restoration.
B.
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.
C.
The permit holder failed to pay any of the fees required under this
Part.
2.
If the Township of Ross 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 30 days to cure the violation,
unless the Township reasonably determines that the event is an emergency,
in which the Township may impose a shorter time period to cure the
violation.
3.
If the permit holder fails to cure the violation within the specified
time period, the Township shall be permitted to immediately suspend
the right-of-way permit. A suspension shall be brought to the attention
of the Township at its next meeting, at which time Ross Township shall
be permitted to uphold or withdraw the suspension. The permit holder
shall be provided an opportunity to be heard at such meeting.
[Ord. 2045, 3/12/2001, § 5]
1.
Except in the case of an emergency, before commencing any construction
in the rights-of-way, a person shall submit to the 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.
2.
Upon submission of all such information required in Subsection 1 above, the Township shall review such information and either grant or deny a construction permit within 45 days. If the Township fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the 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. The Township may impose conditions on the construction permit regulating the times, locations and manner of construction to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.
[Ord. 2045, 3/12/2001, § 6; as amended by Ord.
2288, 4/12/2010]
1.
Each new applicant for a right-of-way permit shall include with its
application an application fee in an amount as established form time
to time by resolution of the Board of Commissioners. This fee is directly
related to the 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.
2.
Each existing permit holder applying for a renewal of its right-of-way
permit shall include with its application an annual fee in an amount
as established from time to time by resolution of the Board of Commissioners.
This fee is directly related to the Township's costs in managing the
rights-of-way with respect to each permit holder. Such costs include,
but are not limited to, inspection costs, administrative cots, costs
of maintaining the rights-of-way and costs of degradation of streets
and right-of-way property.
3.
Each applicant for a construction permit shall include with its application
an application fee in an amount as established from time to time by
resolution of the Board of Commissioners. This fee is directly related
to the Township's costs in reviewing the application and determining
time, place and manner restrictions on the construction activity.
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, the
Township's actual costs based on the hourly rate established by Resolution
of the Township of Ross. Such actual costs include, but are not limited
to, costs of disruption and rerouting of traffic, inspection costs
and administrative costs.
4.
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 the Township of Ross as a result of the permit holder's use of
the right-of-way; provided, that the 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 Township's actual costs.
5.
In the event that payment of any of the fees identified above is
not made upon submission of the application or by the date due, the
applicant or permit holder shall pay a late payment penalty of simple
interest at 10% annual percentage rate of the total amount past due.
Such penalty shall be in lieu of any other monetary penalty. Acceptance
of payment under this section shall not in any way limit or waive
the Township's right to suspend or terminate the permit according
to the terms of this Part.
[Ord. 2045, 3/12/2001, § 7]
1.
The Township of Ross 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. The Township shall consider requests for occupying
and using the rights-of-way in the order of receipt of fully completed
applications for right-of-way permits. The 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.
2.
The Township of Ross shall have the right to monitor the telecommunications
system and the equipment related thereto located in the rights-of-way
in order to prevent interference between and among such systems and
equipment.
3.
A permit holder shall allow the Township of Ross to make inspections
of any part of the permit holder's telecommunications system located
in the rights-of-way at any time upon three days' notice, or, in case
of an emergency, upon demand.
[Ord. 2045, 3/12/2001, § 8]
1.
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. Such permit holder shall provide Ross Township
with GPS information showing planned locations and reference points
for equipment to be installed. Each permit holder shall perform construction
activity in a manner consistent and in compliance with the detailed
plans it submitted to the Township and all applicable federal, state
and local laws and regulations.
2.
Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to Ross Township property in the right-of-way,
the permit holder shall restore such right-of-way or property within
30 days, weather permitting.
3.
The telecommunications system shall not endanger or interfere with
the safety of persons or property within the Township of Ross. 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
the telecommunications system so that conditions that could develop
into safety hazards shall be corrected before they become a hazard.
4.
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 in a manner
which is satisfactory to the Township of Ross. The name of the permit
holder shall be clearly disclosed to such residents.
5.
All construction activity shall be performed in an orderly and workmanlike
manner, and in close coordination with public utilities serving the
Township of Ross following accepted industry construction procedures
and practices.
6.
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.
7.
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. 2045, 3/12/2001, § 9]
1.
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless the Township of Ross, 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 the 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, attorneys' fees, reasonable expert fees, court
costs and all other costs of indemnification. A permit holder shall
not be required to indemnify and hold the Township harmless for claims
caused by the Township's negligence, gross negligence or willful misconduct.
2.
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 the Township as set forth in the permit.
A permit holder shall name the Township of Ross as an additional insured
on its liability insurance policies. All required insurance coverage
shall provide for 30 days' notice to the Township in the event of
material alteration or cancellation of such coverage prior to the
effective date of such material alteration or cancellation.
[Ord. 2045, 3/12/2001, § 10]
1.
A permit holder shall annually provide the Township of Ross, 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
the Township of Ross.
2.
A permit holder shall submit to the Township of Ross such reasonable
information directly related to the permit holder's use and occupation
of the rights-of-way as the Township of Ross may request. All information
provided to the Township shall be maintained by the Township as proprietary
and confidential if such information is designated in good faith as
such prior to the time it is provided to the Township.
[Ord. 2045, 3/12/2001, § 11]
A right-of-way permit may be transferred or assigned, upon 30
days' written notice to the Township of Ross, provided that the transferee/assignee
agrees, in writing, to comply with all of the obligations and requirements
contained in this Part.
[Ord. 2045, 3/12/2001, § 12]
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Township of Ross
based upon the construction costs 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 Township may reduce or cancel
the bond requirement when construction is completed.
[Ord. 2045, 3/12/2001, § 13]
1.
In addition to all other rights and powers reserved by the Township
of Ross, 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 Part.
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 property of a permit holder within the
Township by the lawful exercise of eminent domain.
F.
The permit holder abandons the telecommunication system.
2.
No termination shall be effective unless and until the Township of
Ross shall have adopted a resolution setting forth the cause and reason
for the termination and the effective date, which resolution setting
forth the cause and reason for the termination and the effective date,
which resolution shall not be adopted without 30 days' prior notice
to permit holder and an opportunity for the permit holder to be heard
before the Township on the proposed resolution.
[Ord. 2045, 3/12/2001, § 14]
1.
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 area. If such removal is not completed within
six months of such notice, the Township may deem any property not
removed as abandoned and the 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 pipe with
material in a manner satisfactory to Ross Township.
2.
During the term of the permit, if the permit holder decides to abandon
or no longer use all or part of its telecommunications system, it
shall provide the Township with written notice of its decision at
least 30 days prior to such decision, which notice shall describe
the equipment and its location. Ross 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, Ross Township may remove
it at the permit holder's expenses.
[Ord. 2045, 3/12/2001, § 15]
If the Township of Ross has reason to believe that the permit
holder violated any of the terms of this Part, it shall notify the
permit holder in writing of the nature of the violation and the section
of this Part 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 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 $100 per day until the violation is cured.
[Ord. 2045, 3/12/2001, § 16]
The Township of Ross, by granting any permit under this Part,
does not waive, lessen, impair or surrender the lawful police powers
vested in the Township under applicable federal, state and local laws
pertaining to the regulation or use of the rights-of-way.
[Ord. 2045, 3/12/2001, § 18]
The provisions of this Part shall be imposed upon and enforced
against all persons requiring a permit from the Township of Ross.
