[Adopted 11-21-2006 by Ord. No. 990 (Ch. 21, Part 5, of the 2006 Code
of Ordinances)]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article, whether or not capitalized, shall
be as follows:
The person who has applied for a right-of-way permit or construction
permit.
The form prescribed by Folcroft 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 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.
The document that must be obtained before a person any perform
construction in a right-of-way.
An interruption of service or a condition that poses a clear
and immediate danger to life of health, or significant loss of property.
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.
When used in conjunction with "rights-of-way," means over,
above, 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 (see
references to 67 Pa. Code § 459.8, under "construction,"
above).
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.
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.
The services involving the transmission of video, data, and/or
voice communications and/or content, both active and interactive,
and associated usage.
All equipment that is located wholly or partially underground
underneath a right-of-way.
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.[1]
A.
No person shall enter upon or occupy any right-of-way for the purpose
of installing, constructing, maintaining or operating any equipment
in a right-of-way without first having obtained a right-of-way permit.
Any person maintaining or operating a telecommunications system in
a right-of-way as of the effective date of this article shall also
obtain a right-of-way permit.
B.
Before a right-of-way permit is issued, the holder or applicant for
a right-of-way permit shall have applied for any and all regulatory
approvals, permits or authorizations from the appropriate federal,
state and local authorities, if required. The applicant shall submit
written evidence of its receipt of all such approvals, permits or
authorizations.
C.
Nothing in this article shall be construed as a waiver of any ordinances
or regulations of Folcroft Borough or Folcroft 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,
and nothing herein shall be construed as permission or authorization
to establish telecommunications systems in any right-of-way in contravention
of the provisions of Chapter, 600, Zoning.
A.
A right-of-way permit shall only be granted after an applicant has
completed an application, and provided such information which Folcroft
Borough may reasonably require. Upon request, an applicant shall be
provided with a copy of the then-current applicant for a right-of-way
permit. The applicant shall provide information regarding the applicant's
proposed or actual physical use and occupation of the rights-of-way.
Specifically, the applicant shall provide:
(1)
A brief description of the telecommunications service or services
to be offered or provided in or through Folcroft Borough, if applicable.
(2)
Specific information regarding the equipment it proposes to place
or currently maintains in the rights-of-way.
(3)
Whether the equipment will or does have a detrimental effect on public
safety as it relates to the rights-of-way. If the completed applications
do not fully provide such requested information, Folcroft Borough
may require 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.
B.
Upon submission of a fully completed application to Folcroft Borough and the accompanying fee and such other information as Folcroft Borough may require, Folcroft Borough shall review the application as follows. For new applicants, Folcroft Borough shall grant or deny such applications within 30 business days. For existing permit holders applying for a renewal of their permits, who are not under suspension in accordance with § 536-30 below, Folcroft Borough shall grant or deny such applications within 15 business days. If Folcroft Borough fails to grant or reject such application within the time periods specified above, the application shall be deemed approved. In each case, Folcroft 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.
C.
In considering an application, Folcroft Borough may use such outside
experts as it deems necessary. In the event Folcroft Borough deems
it necessary to employ an outside expert to advise the Borough with
respect to a particular application, the reasonable cost of such expert
shall be borne by the applicant.
A.
The right-of-way permit shall be issued for a period of one year.
Permit holders shall apply for a renewal of a right-of-way permit
at least 30 days prior to its expiration. Folcroft Borough may suspend
such right-of-way permit in the event any one or more of the following
has occurred:
(1)
The permit holder shall have caused damage to Folcroft Borough property
or the right-of-way without the prior consent of Folcroft Borough
(except in the case of an emergency) and without completing proper
restoration.
(2)
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
right-of-way.
(3)
The permit holder failed to pay any of the fees required under this
article.
B.
If Folcroft 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 business days to cure the violation,
unless Folcroft Borough reasonably determines that the event is an
emergency, in which case, Folcroft Borough may impose a shorter time
period to cure the violation.
C.
If the permit holder fails to cure the violation within the specific
time period, Folcroft Borough shall be permitted to immediately suspend
the right-of-way permit. A suspension shall be brought to the attention
of Council members at the next regularly scheduled meeting, at which
time the Council members shall be permitted to uphold or withdraw
the suspension. The permit holder shall be provided an opportunity
to be heard at such meeting.
A.
Except in the case of an emergency, before commencing any construction
in the right-of-way, a person shall submit to Folcroft 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 names, addresses and experience
of any and all subcontractors whom applicant intends to utilize. Such
information may be submitted concurrently with application for a right-of-way
permit.
B.
Upon submission of all such information required in Subsection A above, Folcroft Borough shall review such information and either grant or deny a construction permit within 30 days. If Folcroft Borough fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, Folcroft 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. Folcroft Borough may impose conditions on the construction permit regulating the times, locations and manner of construction to preserve effective traffic flow, prevent hazardous road and other conditions and/or minimize noise impacts.
A.
Each new applicant for a right-of-way permit shall include with its
application an application fee as determined and set by Borough Council,
from time to time, by resolution. This fee shall be directly related
to Folcroft Borough's costs in reviewing the application (excluding
expert cost) and managing the rights-of-way with respect to each inspection
costs, administrative costs, costs of maintaining the rights-of-way
and costs of application if the application is denied. If the application
is granted, the application fee will apply to the 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.
B.
Each existing permit holder applying for a renewal of its rights-of-way
permit shall include with its application an annual fee as determined
and set by the Borough Council, from time to time, by resolution.
Such costs include, but are not limited to, degradation of streets
and right-of-way property.
C.
Each applicant for a construction permit shall include with its application
an application fee as determined and set by Borough Council, from
time to time, by resolution. 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, Folcroft Borough's actual costs based on the
hourly rate established by resolution by Borough Council. Such actual
costs include, but are not limited to, costs of disruption and rerouting
of traffic, inspection costs and administrative costs.
D.
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 Folcroft Borough as a result of the permit holder's use of
the rights-of-way, provided that Folcroft Borough 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 Folcroft Borough's actual costs.
E.
Acceptance of payment under this section shall not in any way limit
or waive Folcroft Borough's right to suspend or terminate the
permit according to the terms of this article.
A.
Folcroft 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. Folcroft Borough shall consider requests for occupying
and using the right-of-way in the order of receipt of fully completed
applications for right-of-way permits. Folcroft Borough shall strive,
to the extent possible, to accommodate all requests, but shall be
guided by physical condition of right-of-way and whether such would
have a detrimental effect on public safety as it relates to the right-of-way.
B.
Folcroft Borough shall have the right, but not the obligation, to
monitor the any equipment or activity related thereto located in the
rights-of-way.
C.
A permit holder shall allow Folcroft Borough to make inspections
of any part of the permit holder's equipment located in the rights-of-way
at any time upon three days' notice, or in case of an emergency,
upon demand.
A.
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, 73 P.S. § 176
et seq., as may be amended from time to time. Each permit holder shall
perform construction activity in a manner consistent and in compliance
with the detailed plans it submitted to Folcroft Borough and all applicable
federal, state and local laws and regulations.
B.
Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to Folcroft Borough's property
in the right-of-way, the permit holder shall restore such right-of-way
or property within 20 business days, weather permitting.
C.
The equipment shall not endanger or interfere with the safety of
persons or property within Folcroft 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 any equipment so that
conditions which could develop into safety hazards shall be corrected
before they become a hazard.
D.
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 Folcroft Borough. The name of the permit
holder shall be clearly disclosed to such residents.
E.
All construction activity shall be performed in an orderly and workmanlike
manner and in close coordination with public utilities serving Folcroft
Borough following accepted industry construction and practices.
F.
All wires, cable and other equipment shall be installed, where possible,
parallel with electric and telephone lines, and multiple cable configuration
shall be arranged in parallel and bundles with due respect for engineering
considerations.
G.
All wires, cable and other equipment be installed underground where
required by municipal ordinance or regulation consistent with same
requirement being imposed on all other similarly situated companies,
including public utilities.
A.
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless Folcroft 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 Folcroft
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, 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 Borough
harmless for claims caused by Folcroft Borough's negligence,
gross negligence or willful misconduct.
B.
A permit holder shall at all times during the life of 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 Folcroft Borough as set forth in the permit.
A permit holder shall name Folcroft Borough as an additional insured
on its liability insurance policies. All required insurance coverage
shall provide for 30 days' notice to Folcroft Borough in the
event of material alteration or cancellation of such coverage prior
to the effective date of such material alteration or cancellation.
A.
A permit holder shall annually provide Folcroft 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
Folcroft Borough.
B.
A permit holder shall submit to Folcroft Borough such reasonable
information directly related to the permit holder's use and occupation
of the rights-of-way as Folcroft Borough request.
A.
A right-of-way permit may be transferred or assigned, upon 30 days'
prior written notice to Folcroft Borough, provided that the transferee/assignee
agrees in writing to comply with all obligations and requirements
contained in this article.
B.
Notwithstanding the foregoing, nothing in this article shall create
or be construed as granting any applicant or permit holder any interest
in real property, nor shall the issuance of any permit be construed.
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.
A.
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 equipment from the rights-of-way
and shall restore said areas. If such removal is not completed within
six months of such notice, Folcroft Borough may deem any property
not removed as abandoned and Folcroft 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 Folcroft Borough.
B.
During the term of the permit, if the permit holder decides to abandon
or no longer use all or part of its equipment, it shall provide Folcroft
Borough with written notice of its decision at least 30 days prior
to such decision, which notice shall describe the equipment and its
location. Folcroft 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, Folcroft Borough may remove it at the permit
holder's expense.
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.
