[HISTORY: Adopted by the Borough Council
of the Borough of Danville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2014 by Ord. No. 519]
From and after the passage of this chapter, it shall not be
lawful for any telegraph, telephone, electric light, sewage, water
or cable television company, firm, corporation, authority, municipality,
person or persons to attach or cause to be attached any telegraph,
telephone, electric light, sewage, water or cable utilities upon any
municipality-owned bridge within the present limits of the Borough
of Danville unless such company, firm, corporation, authority, municipality,
person or persons seeking to attach such utilities shall first make
application to the Borough for permission to attach the same through
a permit issued by the Borough Council.
It shall be the duty of said company, firm, corporation, authority,
municipality, person or persons to submit to the Borough a written
statement specifying the type of utilities, location of the utilities,
a shop drawing for the said structure attachments, including size,
weight, attachment details and safety features, specific dead load
of the utility and an engineer's certified statement stating
structural feasibility of the attachment and utility. In addition,
a bridge analysis with the proposed utility attached must also be
submitted. If permission shall be granted by the Borough to attach
the utilities, said company, firm, corporation, authority, municipality,
person or persons shall cause the utilities be attached either in
accordance with the statement, or subject to such conditions and modifications
as the Borough may direct.
Although there is no rental fee for said attachment of any utility
to a locally owned bridge in the present limits of the Borough of
Danville, a nonrefundable permit fee of $125 must accompany the written
statement acting as the application for the permit. In addition a
$750 deposit must be submitted to be used to pay for any additional
engineering review or legal review needed prior to granting permission
by the Borough Council to attach said utility. Said deposit will also
be used to pay for any construction inspection fees once permission
is granted. Fees charged shall be reasonable and in accordance with
the ordinary and customary charges for similar service in the community.
Upon completion of the permitting process and the installation of
said utility and attachment, an itemized bill will be submitted to
the applicant, and any deposit not accounted for shall be returned.
In the event the reasonable fees have been greater than the deposit,
a final bill will be issued to the applicant for prompt payment.
If any company, firm, corporation, authority, municipality, person or persons shall by the attachment of any utilities violate any of the foregoing provisions of this chapter, it shall be the duty of the Manager of the said Borough to report such violation to the Borough, who shall thereupon notify said company, firm, corporation, authority, municipality, person or persons to remove said utilities within 10 days from said notice or they shall be subject to the penalty provided in § 90-9 hereof for every day the said utilities are allowed to remain after the expiration of the notice.
It shall be the responsibility of any company, firm, corporation,
authority, municipality, person or persons permitted to attach the
specified type of utility to install and maintain the attachment and
utility at the utility's expense. It shall also be the responsibility
of any company, firm, corporation, authority, municipality, person
or persons permitted to attach the specified type of utility to move
or reinstall the attachment and utility in the future to accommodate
any bridge maintenance work that may be necessary and scheduled. All
expenses associated with the attachment and utility shall be the responsibility
of the utility owner. Installation and maintenance of utility attachments
will be conducted so as not to inconvenience or interfere with highway
traffic and will comply with all governing laws. Utility attachments
must not impede the flow of water through a structure or the movement
of traffic, either pedestrian or vehicular, and must be located so
as not to interfere with routine maintenance operations.
All telegraph, telephone, electric light, sewer, water or cable
television utilities now or hereafter attached within the present
limits of the said Borough of Danville shall be designated by the
names or initials of the owner or owners of such utilities, and each
of such utilities shall bear a distinctive number, upon which said
names, initials and numbers be legibly marked. Upon the neglect or
refusal of any owner or owners to so designate and mark such utilities
within 30 days after notice to do so, it shall be lawful for the Borough
to order the work to be done, and the cost thereof shall be collected
from the owner or owners of such utilities.
Upon complying with the provisions and requirements of this
chapter, the privileges heretofore granted to such companies, firms,
corporations, authority, municipality, person or persons by resolution
or ordinance shall not be in any way affected. The Council of said
Borough of Danville, however, reserves the right to revoke by ordinance
any of the privileges mentioned in this chapter or any other ordinance
or resolution.
Any privilege heretofore granted by resolution or ordinance
for the attachment and maintenance of said utilities for telegraph,
telephone, light, sewer, water or cable television purposes conflicting
herewith is and the same is hereby repealed.
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
