Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit.
APPLICATION
The form prescribed from time to time by the Borough of Etna
which the applicant must complete in order to obtain a right-of-way
permit.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform
construction in a right-of-way.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health, or significant loss of property,
IN
When used in conjunction with "rights-of-way" means over,
above, in, within, or under a right-of-way.
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.
RIGHT-OF-WAY PERMIT or PERMIT
A written agreement granted by the Borough of Etna to an
applicant for use of the rights-of-way in the Borough of Etna for
wires, poles, pipes, conduits and other facilities, but not to transact
local business with another person.
RIGHTS-OF-WAY
The surface and space above and below any real property in
which the Borough of Etna has an interest in law or in equity, including
but not limited to any public street, boulevard, road, highway, easement,
freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct,
bridge, park, green space, or any other place, area or real property,
other than real property owned in fee by the Borough of Etna.
TELECOMMUNICATIONS SERVICES
The regulated and unregulated services offering to customers
the transmission of video, data and/or voice communications, both
active and interactive, and associated usage.
TELECOMMUNICATIONS SYSTEM
A system used or to be used to provide telecommunication
services, including public or private line video, data or voice service
to another person, using or crossing a street, highway, rights-of-way
or easements in the Borough of Etna, but it shall not include cable
television service offered pursuant to a franchise granted under the
Borough of Etna Code.
Violation of any of the terms of this article shall be punishable
by a fine of up to $100 per day from the day the Borough of Etna provides
notice of the violation until the violation is cured.
A permit holder shall have no recourse whatsoever against the
Borough of Etna for any loss, costs, expense or damage arising out
of the failure to grant a permit. By applying for a permit, the applicant
acknowledges what it has not been induced to enter into a permit by
any understanding or promise or other statement, whether verbal or
written, by or on behalf of the Borough of Etna or by any other third
party concerning any term or condition of a permit not expressed in
this article.
A rights-of-way permit may not be sold, transferred, assigned,
changed control, or otherwise encumbered, in whole or in part, without
the prior written consent of the Borough of Etna. This provision shall
not apply to a sale, transfer or assignment to a permit holder's
wholly owned parent or if less than 20% of the assets of the permit
holder are transferred to another entity.
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Borough of Etna,
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 of Etna may
reduce or cancel the bond requirement when construction is completed.
Upon expiration or termination of the permit, if the permit
is not renewed, the permit holder shall remove its wires, cable, lines,
supporting structures, and any and all other equipment from the rights-of-way
and shall restore said areas. If such removal is not completed within
six months of such termination, the Borough of Etna may deem any property
not removed as abandoned, and the Borough of Etna may remove it at
the former permit holder's expense. Except as otherwise provided,
the permit holder shall not remove any underground cable or conduit
which requires trenching or other opening of the streets unless it
is ordered to be removed by the Borough of Etna based upon a determination,
in the sole discretion of the Borough of Etna, that removal is required
to eliminate or prevent a hazardous condition or promote future utilization
of the streets and rights-of-way for public purposes.
If any section, subsection, sentence, clause, phrase or word
of the permit or this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not render invalid the permit or this article.
The provision of this article shall be imposed upon and enforce
against all persons requiring a permit from the Borough of Etna.