[Ord. 1240, passed 3-26-2001]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
The person who has applied for a right-of-way permit or a
construction permit.
The form prescribed by the Town which the applicant must
complete in order to obtain a right-of-way permit.
The building, erection, alteration 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.
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.
Repair 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 Town 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 Town to an applicant
for use of the rights-of-way in the Town for wires, lines, pipes,
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 telecommunication
services.
All equipment that is located wholly or partially underneath
a right-of-way.
[Ord. 1240, passed 3-26-2001]
(a)
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 article shall also obtain a right-of-way permit.
(b)
Before a right-of-way permit is issued, the holder of or applicant
for 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 Town,
the applicant shall submit written evidence of its applications for
or 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 the Town or the Town'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.
[Ord. 1240, passed 3-26-2001]
(a)
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
Town, 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:
(1) a brief description of the telecommunications service or services
to be offered or provided in or through the Town; (2) specific information
regarding the equipment it proposes to place or currently maintains
in the right of way; (3) the expected physical burden that such equipment
will place or does place on the rights-of-way; and (4) 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 Town 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.
(b)
Upon submission of a fully completed application to the Town and
the accompanying fee, the Town shall review the application as follows.
The Town shall grant or deny such applications within 45 days. If
the Town fails to grant or reject such application within the time
period specified above, the application shall be deemed approved.
In each case, the Town 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, the Town may use such outside experts
as it deems necessary. In the event the Town deems it necessary to
employ an outside expert to advise the Town with respect to a particular
application, the reasonable costs of such expert shall be borne by
the applicant.
[Ord. 1240, passed 3-26-2001]
(a)
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 Town 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 Town property
or the right-of-way without the prior consent of the Town (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 rights-of-way.
(3)
The permit holder failed to pay any of the fees required under
this article.
(b)
If the Town 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 30 days to cure the violation, unless the Town reasonably
determines that the event is an emergency, in which case the Town
may impose a shorter time period to cure the violation.
[Ord. 1240, passed 3-26-2001]
(a)
Except in the case of an emergency, before commencing any construction
in the rights-of-way, a person shall submit to the Town 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 whom applicant intends to utilize. Such
information may be submitted concurrently with an application for
a right-of-way permit.
(b)
Upon submission of all such information required in subsection (a) above, the Town shall review such information and either grant or deny a construction permit with 45 days. If the Town fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the Town 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 Town may impose conditions on the construction permit regulating the times, locations, and manner of construction to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.
[Ord. 1240, passed 3-26-2001]
(a)
Each new applicant for a right-of-way permit shall include with its
application an application fee in the amount of $500. This fee is
directly related to the Town'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 costs 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.
(b)
Each existing permit holder applying for a renewal of its right-of-way
permit shall include with its application an annual fee in the amount
of $300. This fee is directly related to the Town's costs 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 costs of degradation of streets
and right-of-way property.
(c)
Each applicant for a construction permit shall include with its application
an application fee in the amount of two $200. This fee is directly
related to the Town's costs in reviewing the application and determining
time, place and manner of restrictions on the construction activity.
If the application for a construction permit is denied, this fee shall
not be refunded. An escrow account shall be established to pay for
any costs incurred by the Town for the review of an application by
outside sources. The amount of such escrow shall be established by
resolution of Town Council. If the application is granted, then the
applicant shall pay, within 30 days of the presentation of a statement,
for any other actual costs incurred by the Town. 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 the Town as a result of the permit holder's use of the rights-of-way,
provided that the Town 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 the Town's actual
costs.
(e)
In the event that payment of any of the fees identified above is
not made upon submission of the application or by the date due, 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 Town's right to suspend or terminate the permit according to the
terms of this article.
[Ord. 1240, passed 3-26-2001]
(a)
The Town 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
Town 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 Town 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.
(b)
The Town 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.
(c)
A permit holder shall allow the Town 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.
[Ord. 1240, passed 3-26-2001]
(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 full comply by
registering with Pennsylvania's "One Call" system pursuant to 73 P.S.
§ 176 et seq. Such permit holder shall provide the Town
with GPS information showing planned locations and reference points
for equipment to be installed. Each permit holder shall perform construction
activity in a manner consistent and in compliance with the detailed
plans it submitted to the Town 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 Town property in the right-of-way,
the permit holder shall restore such right-of-way or property within
30 days, weather permitting.
(c)
The telecommunications system shall not endanger or interfere with
the safety of persons or property within the Town. 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.
(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 the Town. 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 the
Town following accepted industry construction procedures and practices.
(f)
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 to engineering
considerations.
(g)
All wires, cables and other 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.
[Ord. 1240, passed 3-26-2001]
(a)
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless the Town, 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 Town 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 Town harmless for claims caused by the Town's
negligence, gross negligence or willful misconduct.
(b)
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 Town as set forth in the permit. A permit
holder shall name the Town as an additional insured on its liability
insurance policies. All required insurance coverage shall provide
for 30 days' notice to the Town in the event of material alteration
or cancellation of such coverage prior to the effective date of such
material alteration or cancellation.
[Ord. 1240, passed 3-26-2001]
(a)
A permit holder shall annually provide the Town, 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 Town.
(b)
A permit holder shall submit to the Town such reasonable information
directly related to the permit holder's use and occupation of the
rights-of-way as the Town may request. All information provided to
the Town shall be maintained by the Town as proprietary and confidential
if such information is designated in good faith as such prior to the
time it is provided to the Town.
[Ord. 1240, passed 3-26-2001]
A right-of-way permit may be transferred or assigned, upon 30
days' written notice to the Town, provided that the transferee/assignee
agrees in writing to comply with all of the obligations and requirements
contained in this article.
[Ord. 1240, passed 3-26-2001]
A permit holder shall be required, prior to construction, to
obtain a performance bond in a reasonable amount set by the Town 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 Town shall reduce or cancel the
bond requirement when construction is completed to the Town's satisfaction.
[Ord. 1240, passed 3-26-2001]
(a)
In addition to all other rights and powers reserved by the Town,
the Town reserves the right to terminate a permit and all rights and
privileges of a permit holder for any of the following reasons:
(1)
A permit holder fails, after 30 days' prior written notice,
to comply with any of the provisions of the permit or this article.
(2)
A permit holder becomes insolvent, unable or unwilling to pay
its debts, or is adjudged bankrupt;
(3)
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;
(4)
A permit holder attempts to or does practice any fraud or deceit
in its conduct or relations with the Town under the permit;
(5)
The Town condemns all of the property of a permit holder within
the Town by the lawful exercise of eminent domain;
(6)
The permit holder abandons the telecommunication system.
(b)
No termination shall be effective unless and until the Town Council
shall have adopted a resolution setting forth the cause and reason
for the termination and the effective date, which resolution shall
not be adopted without 30 days' prior notice to permit holder and
an opportunity for the permit holder to be heard before the Town Council
on the proposed resolution.
[Ord. 1240, passed 3-26-2001]
(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 its equipment from the rights-of-way
and shall restore said areas. If such removal is not completed within
six months of such notice, the Town may deem any property not removed
as abandoned and the Town 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 the Town.
(b)
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 Town with written notice of its decision at least
30 days prior to such decision, which notice shall describe the equipment
and its location. The Town 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, the Town may remove it at the permit holder's
expense.
[Ord. 1240, passed 3-26-2001]
The Town, by granting any permit under this article, does not
waive, lessen, impair or surrender the lawful police powers vested
in the Town under applicable federal, state and local laws pertaining
to the regulation or use of the rights-of-way.
[Ord. 1240, passed 3-26-2001]
If any section, subsection, sentence, clause, phrase or word
of 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 this article invalid.
[Ord. 1240, passed 3-26-2001]
The provisions of this article shall be imposed upon and enforced
against all persons requiring a permit from the Town.
[Ord. 1240, passed 3-26-2001]
If the Town 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,
the Town 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 $100 per day
until the violation is cured.
