Unless the context specifically indicates otherwise, the meaning
of the terms used in this article, whether or not capitalized, shall
be as follows:
APPLICANT
The person who has applied for a right-of-way permit or construction
permit.
APPLICATION
The form prescribed by Folcroft Borough which the applicant
must complete in order to obtain a right-of-way permit.
CONSTRUCTION
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 single line extension from equipment in the right-of-way.
When the construction activities (including maintenance and repair
of equipment or extension of a single line from equipment in a right-of-way)
include drilling, driving or tunneling or trenching under, across
or through any improved right-of-way, all work (including restoration
as set forth in this article) shall be done in accordance with the
standards and provisions set forth in 67 Pa. Code § 459.8,
as amended. Likewise, any aboveground construction shall be in accordance
with 67 Pa. Code § 459.9. All references in foregoing Pa.
Code sections to the district office, the Department of Transportation
or similar references shall be deemed to be references to Folcroft
Borough.
CONSTRUCTION PERMIT
The document that must be obtained before a person any perform
construction in a right-of-way.
EMERGENCY
An interruption of service or a condition that poses a clear
and immediate danger to life of health, or significant loss of property.
EQUIPMENT
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, cables, conduits, pipes,
supporting structures (including telecommunications systems) or other
facilities.
IN
When used in conjunction with "rights-of-way," means over,
above, within, on or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition
from failure or decline.
PERSON
Any individual, firm, partnership, association, corporation,
company or other business entity.
RESTORE or RESTORATION
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
references to 67 Pa. Code § 459.8, under "construction,"
above).
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by Folcroft Borough to an
applicant for use of the rights-of-way in Folcroft Borough for wires,
lines, cable, conduit, pipes, supporting structures and other facilities.
RIGHTS-OF-WAY
The surface and space in, on, above and below any real property
in which Folcroft 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, parkway, green space or any other place.
TELECOMMUNICATIONS SERVICES
The services involving the transmission of video, data, and/or
voice communications and/or content, both active and interactive,
and associated usage.
TELECOMMUNICATIONS SYSTEMS
A system used or to be used to provide telecommunication services, and where permitted by Chapter
600, Zoning, shall also include towers, cellular and wireless towers, facilities and equipment as defined in §
600-10 therein.
UNDERGROUND EQUIPMENT
All equipment that is located wholly or partially underground
underneath a right-of-way.
ZONING ORDINANCE
The official Zoning Ordinance of Folcroft Borough, as may
be amended from time to time, in effect on the date of submission
of an application.
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by Folcroft Borough
base 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. Folcroft Borough may reduce or cancel
the bond requirement when construction is completed.
In addition to all other rights and powers reserved by Folcroft
Borough, Folcroft 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 provision of the permit or this article.
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 Folcroft Borough under the permit.
E. Folcroft Borough condemns all of the property of a permit holder
within Folcroft Borough by the lawful exercise of eminent domain.
F. The permit holder abandons the telecommunication system.
If Folcroft Borough has reason to believe that the permit holder
violated any of the terms of this article, it shall notify the permit
holder in writing of the nature of the violation and the section of
this article 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, Folcroft Borough 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 $1,000 per day until the violation is cured.
Folcroft Borough, by granting any permit under this article, does not waive, lessen, impair or surrender the lawful police powers vested in Folcroft Borough 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 telecommunication systems in any right-of-way, unless the same is expressly permitted by Chapter
600, Zoning, and applicant has first secured the necessary zoning permits required under Chapter
600, Zoning.
The provisions of this article shall be imposed upon and enforced
against all persons requiring a permit from Folcroft Borough; provided,
however, should any other ordinance of Folcroft Borough require a
person to obtain a permit, duplication of such permit shall not be
required under this article.