[Adopted 4-26-2001 by Ord. No. 01-3]
Unless the context specifically indicates otherwise, the meanings
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 the Borough 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 process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
The surface and space in, on, above and below any real property
in which the Borough 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.
A written authorization granted by the Borough to an applicant
for use of the rights-of-way in the Borough 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 telecommunications
services.
All equipment that is located wholly or partially underneath
a right-of-way.
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 Borough,
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 ordinances
or regulations of the Borough or the Borough'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.
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
Borough, 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: (i) a brief description of the telecommunications service
or services to be offered or provided in or through the Borough; (ii)
specific information regarding the equipment it proposes to place
or currently maintains in the rights-of-way; (iii) the expected physical
burden that such equipment will place or does place on the rights-of-way;
and (iv) 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
Borough 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 Borough and the accompanying fee, the Borough shall review the application as follows. For new applicants, the Borough shall grant or deny such applications within 45 business days. For existing permit holders applying for a renewal of their permits, who are not under suspension in accordance with § 13-704 below, the Borough shall grant or deny such applications within 30 calendar days. If the Borough fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, the Borough 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 Borough may use such outside experts
as it deems necessary. In the event the Borough deems it necessary
to employ an outside expert to advise the Borough with respect to
a particular application, the reasonable costs of such expert shall
be borne by the applicant.
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 Borough 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 Borough property or
the right-of-way without the prior consent of the Borough (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 Borough 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 calendar days to cure the violation,
unless the Borough reasonably determines that the event is an emergency,
in which case the Borough 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 Borough shall be permitted to immediately suspend
the right-of-way permit. A suspension shall be brought to the attention
of the Borough Council at its next meeting, at which time Borough
Council shall be permitted to uphold or withdraw the suspension. The
permit holder shall be provided an opportunity to be heard at such
meeting.
1.
Except in the case of an emergency, before commencing any construction
in the rights-of-way a person shall submit to the Borough 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 the 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 Borough shall review such information and either grant or deny a construction permit within 20 calendar days. If the Borough fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the Borough 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 Borough may impose conditions on the construction permit regulating the times, locations and manner of the construction to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.
[Amended 2-21-2013 by Ord. No. 13-05]
1.
Each new applicant for a right-of-way permit shall include with its
application an application fee in an amount to be determined from
time to time by resolution of Borough Council. This fee is directly
related to the Borough'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 cost 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
to be determined from time to time by resolution of Borough Council.
This fee is directly related to the Borough's cost in managing
the rights-of-way with respect to each permit holder. Such costs include,
but are not limited to, inspection costs, administrative costs, costs
of maintaining the rights-of-way and cost of degradation of streets
and rights-of-way property.
3.
Each applicant for a construction permit shall include with its application
an application fee in an amount to be determined from time to time
by resolution of Borough Council. This fee is directly related to
the Borough'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
Borough's actual costs based on the hourly rate established by
resolution of the Borough Council. Such actual costs include, but
are not limited to, cost of disruption and rerouting of traffic, inspection
costs and administrative costs.
4.
Extraordinary expenses. In addition to the fee 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 Borough
as a result of the permit holder's use of the rights-of-way.
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 Borough'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 due date, 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 Borough's right to suspend or terminate the permit according
to the terms of this part.
1.
The Borough 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 Borough 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 Borough 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 Borough shall have the right to monitor the telecommunications
systems 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 Borough 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.
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. Each permit holder shall perform construction
activity in a manner consistent and in compliance with the detailed
plans it submitted to the Borough and all applicable federal, state
and local laws and regulations. Said permit holder performing underground
construction must also provide the Borough with GPS information.
2.
Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to Borough property in the right-of-way,
the permit holder shall restore such right-of-way or property within
20 calendar days, weather permitting.
3.
The telecommunications system shall not endanger or interfere with
the safety of persons or property within the Borough. 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, the permit holder shall
notify nearby residents of such construction activity in a manner
which is satisfactory to the Borough. 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
Borough, 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 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.
1.
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless the Borough, 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 Borough 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 Borough harmless for
claims caused by the Borough'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 Borough as set forth in the permit.
A permit holder shall name the Borough as an additional insured on
its liability insurance policies. All required insurance coverage
shall provide for 30 days' notice to the Borough in the event
of material alteration or cancellation of such coverage prior to the
effective date of such material alteration or cancellation.
1.
A permit holder shall annually provide the Borough, 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 Borough.
2.
A permit holder shall submit to the Borough such reasonable information
directly related to the permit holder's use and occupation of
the rights-of-way as the Borough may request. All information provided
to the Borough shall be maintained by the Borough as proprietary and
confidential if such information is designated in good faith as such
prior to the time it is provided to the Borough.
A right-of-way permit may be transferred or assigned upon 30
days' written notice to the Borough, provided that the transferee/assignee
agrees in writing to comply with all of the obligations and requirements
contained in this part.
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Borough 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 may reduce
or cancel the bond requirement when construction is completed.
1.
In addition to all other rights and powers reserved by the Borough,
the Borough 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 Borough under the permit.
E.
The Borough condemns all of the property of a permit holder within
the Borough by the lawful exercise of eminent domain.
F.
The permit holder abandons the telecommunications system.
2.
No termination shall be effective unless and until the Borough Council
shall have adopted a resolution setting forth the cause and reason
for the termination and the effective day, which resolution shall
not be adopted without 30 days' prior notice to the permit holder
and an opportunity for the permit holder to be heard before the Borough
Council on the proposed resolution.
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 areas. If such removal in not completed within
six months of such notice, the Borough may deem any property not removed
as abandoned, and the Borough 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 Borough.
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 Borough with written notice of its decision at least
30 days prior to such decision, which notice shall describe the equipment
and its location. Borough 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, Borough may remove it at the permit holder's
expense.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
The Borough, by granting any permit under this part, does not
waive, lessen, impair or surrender the lawful police powers vested
in the Borough under applicable federal, state and local laws pertaining
to the regulation or use of the rights-of-way.
The provisions of this part shall be imposed upon and enforced
against all persons requiring a permit from the Borough.
