[Adopted 5-13-2015 by Ord. No. 2015-04]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of this article, the following abbreviations, phrases and words shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number:
AFFILIATE
A person:
A. 
With a direct or indirect ownership interest in the subject entity of 5% or more or which controls such interest, including forms of ownership such as general, limited, or other partnership interests, direct ownership interests, limited-liability companies and other forms of business organizations and entities, but not including corporations;
B. 
With a stock interest in the subject entity where the subject entity is a corporation and such stockholder or its nominee is an officer or director of the grantee or who directly or indirectly owns or controls 5% or more of the outstanding stock, whether voting or nonvoting; or
C. 
Which controls grantee and/or is controlled by or is under common control with such person or entity.
BOROUGH
The Borough of Langhorne, Bucks County, Commonwealth of Pennsylvania.
CABLE SERVICE
Shall have the same meaning as used in the Communications Act.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended.[1]
ENGINEER
The Engineer currently appointed by Borough Council of the Borough of Langhorne.
EQUIPMENT
Any tangible asset used to install, alter, extend, repair, construct, remove, relocate, perform work on or maintain a facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area but which is exempt from the rental fee requirements, but not the permit requirements, of the provisions of this article.
FACILITY
Any tangible asset in the public way used or required to provide a public utility or exempt or a nonexempt service to residences or businesses within the service area, including but not limited to the following: cable services, internet services, video services, railroad, street railway, gas pipe, water pipe, sewer pipe, storm sewer pipe, electric wire or cable, electric conduit, electric piping, telephone pole, telegraph pole, electric light pole, electric power pole, coal tipple or other uses within the public way.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or use a public way to provide service under this article and is in compliance with this article.
GROSS REVENUE
All gross revenue of non-utility grantees or any affiliate of grantees derived from the use or occupancy of public ways for the provision of nonexempt services to persons having a residence or place of business in the service area. Gross revenue shall include amounts earned, regardless of i) whether the amounts are paid in cash, in trade or by means of some other benefit to grantee or its affiliates; ii) whether the services with which the revenue is associated are provided at cost or the revenue amount can be matched against an equivalent expenditure; and/or iii) how the amounts are initially recorded by grantee or its affiliates. Gross revenue shall not be a net of a) expense, including but not limited to any operating expense; capital expense; sales expense; or commission; b) any accrual, including, without limitation, any accrual for commissions; or c) any other expenditure, regardless of whether such expense, deduction, accrual, or expenditure reflects a cash payment. Gross revenue shall not be double counted, i.e., gross revenue which has been included as gross revenue of both grantee and an affiliate but which sum is included in gross revenue due solely to a transfer of funds between grantee and the affiliate shall not be counted for purposes of determining gross revenue.
NONEXEMPT
A service which is provided to residences or businesses within the service area but which is not exempt from the provisions of this article.
PERMITTEE
The applicant who is directly or ultimately responsible for the work contemplated; a public utility, individual, partnership, corporation and/or its assignees.
PERMITTER
The Borough of Langhorne.
PERSON
A. 
Any natural person, sole proprietorship, partnership, association, limited-liability company, corporation or other form of organization authorized to do business in Pennsylvania; and
B. 
Provides or seeks to provide one or more nonexempt services to residences or businesses in the service area. A governmental entity or a municipal authority is not a "person."
PUBLIC WAY
The surface of, and the space above and below, any public street, unopened right-of-way, highway, turnpike, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way held by the Borough in the service area. "Public way" shall also mean any easement now or hereafter held by the Borough within the service area for the purpose of public travel and/or for utility and/or public service use dedicated for compatible uses.
SERVICE AREA
The municipal boundaries of the Borough.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
It shall be unlawful for any person, entity, association or corporation to alter, install, alter, extend, repair, construct, remove, relocate, use, perform work on or maintain, within the rights-of-way of any public way of the Borough of Langhorne, any facility, including but not limited to the erecting of poles, stringing of cable or wiring, laying of cable, wiring, conduits, water, steam, oil or gas pipes, or storm or sanitary sewers, unless a permit has first been obtained and all conditions and requirements set forth in this article have been complied with. The provisions of this article shall not apply to work performed by any Borough, county, state or federal governmental entity.
Each person, grantee or permittee, other than on a transitory basis, who occupies, uses or seeks to occupy or use a public way to provide a public utility, exempt service or nonexempt service to residences or businesses within the service area, or who places any equipment or facility in a public way other than on a transitory basis, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Borough. In order to register, each person, grantee or permittee shall file with the Borough a completed provider certification. See Appendix "A" to this article.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
Each person, permittee or grantee shall file an application for a permit to alter, install, alter, extend, repair, construct, remove, relocate, use, perform work on or maintain such facilities shall be made to the Building Inspector, Borough Secretary or other representative designated by Borough resolution in accordance with the rules and regulations set forth in this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Grant. It shall be unlawful for any person to install, alter, extend, repair, construct, remove, relocate, use, perform work on or maintain any facilities or any part thereof in a public way unless in compliance with this article. Continuous compliance with this article grants to grantee a nonexclusive privilege to alter, install, alter, extend, repair, construct, remove, relocate, use, perform work on or maintain any facilities or any part thereof in the public ways within the service area and to occupy or use the public ways for the purpose of providing service to residences or businesses within the service area.
B. 
Exemptions. Rental fees shall not apply to occupation or use of the public ways to provide:
(1) 
The transportation of passengers or property or both as a common carrier by means of motor vehicle transport.
(2) 
The transportation of artificial or natural gas, petroleum or petroleum products or any combination of such substances for the public.
(3) 
The production, generation, manufacture, transmission, storage, distribution or furnishing of natural or artificial gas, steam, air-conditioning or refrigerating service or any combination thereof to or for the public.
(4) 
The diverting, developing, pumping, impounding, distributing or transporting of stormwater and water runoff from either surface or subsurface sources to or for the public.
(5) 
The transportation of oxygen or nitrogen, or both, by pipeline or conduit for the public.
(6) 
Any ancillary service reasonably necessary or appropriate for the accomplishment of services specified in Subsection B(1) through (5).
(7) 
This exemption does exclude the requirement to obtain a permit or to pay any required permit fee for altering, installing, altering, extending, repairing, constructing, removing, relocating, using, performing work on or maintaining facilities within the public way.
C. 
Not a cable or communication system. This article does not authorize a person to provide communication or cable services. A person seeking to provide communication or cable services must obtain permission under the Borough's Cable Communication Ordinance.
D. 
Not a pole attachment agreement. This article does not authorize a person, entity or franchise grantee to attach to any pole or structure in the public way devices for the intentional transmission or radiation of radio frequency emissions or energy through the ether by any means now known or hereafter developed.
A. 
Conditions of street occupancy. All facilities and equipment installed or erected by any permittee or franchise grantee pursuant to the terms of this article, prior rights-of-way ordinances, prior franchise ordinances, or zoning ordinances shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways. The work authorized by the permit shall be done at such times and in such manner consistent with the safety of the public, and shall be subject to all conditions, restrictions and regulations as herein prescribed.
B. 
Restoration of public ways.
(1) 
If, during the course of erection, repair, relocation, installation, construction, operation, and/or maintenance of its facilities and equipment there occurs a disturbance of any public way by any permittee or franchise grantee, said permittee or franchise grantee shall immediately, at their sole expense, replace and restore such public way to a condition which existed immediately prior to such disturbance.
(2) 
If the surface of any public way is excavated, said permittee or franchise grantee shall be responsible for the immediate restoration of the public way and its surface within the area affected by the excavation.
(3) 
The Borough reserves the right, after providing 48 hours' notice, to remove or repair any work done found to be inadequate by the Borough Engineer, Building Inspector, or other person designated by Borough Council to oversee such work. The reasonable cost thereof, including the cost of inspection and supervision, shall be paid by the permittee or franchise grantee performing said work or under whose authority said work was performed.
(4) 
All work or activity in the public way shall be properly safeguarded for the prevention of accidents. Safeguards and notices of work being performed shall be provided while the work is being performed, while the right-of-way is being disturbed and until the right-of-way is restored to the condition immediately prior to the start of work.
C. 
Trees and shrubbery.
(1) 
The permission granted by the permit does not relieve the permittee or franchise grantee from obtaining any consent otherwise required from the owner or owners of abutting property and does not confer upon the permittee or franchise grantee the right to cut, remove or destroy trees or shrubbery within the legal limits of the right-of-way, except under such conditions, restrictions and regulations as prescribed by law. If any trees are removed within the limits of the right-of-way by consent of the property owner, the stumps must be cut to ground level or removed entirely if required by the Borough Engineer.
(2) 
The Borough and all property owners affected by a need to trim trees or other natural growth on or overhanging public ways in order to prevent such growth from coming in contact with facilities or equipment shall be notified at least five days in advance of said work. Trimming shall be limited to the area required to clear its facilities or equipment. All work shall be performed in such a way as to preserve the vitality and continued growth of the trees and shrubbery.
D. 
Safety requirements. All such work in the public ways shall be performed in accordance with applicable safety codes and technical requirements and shall meet the requirements of the Borough Engineer, Borough Building Inspector, or other person designated by Borough Council to oversee such work. The Borough Building Inspector or Borough Engineer shall periodically inspect the work at various stages to determine the degree of compliance to the specifications governing the work.
E. 
Work information. Each permittee or franchise grantee shall submit the required information, together with five copies of a sketch to scale showing such dimensions as the location of the intended facility, width of traveled roadway, right-of-way lines and a dimension to the nearest intersecting street and a construction schedule for work in the pubic ways.
F. 
Final detail map. Upon completion of initial construction or any modification to its facilities, the Borough shall be provided with a detailed map showing the location of its installed facilities in the public ways. Such maps shall be provided in both paper forms, as well as in an electronic format for placement on a GIS system. Upon request thereafter, providers and grantees shall provide a map to the Borough showing the location of facilities in the public ways on a scale of 150 feet per inch or whatever scale the Borough requests.
G. 
Excavations. No excavation work shall be started or performed without first obtaining an excavation permit and all other required permits from the Borough. Notice of the proposed work shall be given at least 14 days in advance to the Borough, to any other licensees and/or permittees of the Borough, and/or to any other units of government owning or maintaining facilities which may be affected by the proposed excavation.
H. 
Trench work.
(1) 
All trenches below the finished grade of the street shall be a minimum of three feet in depth and shall be of a width sufficient to afford working room and proper backfill.
(2) 
All trenches parallel to the roadway outside the paved area shall be a minimum of at least three feet from the edge of the road metal measured from the nearest side of the trench unless otherwise authorized by the Borough Engineer.
(3) 
Excavation or other material shall be placed or stored on the side of the operation farthest from the road metal or pavement, unless otherwise authorized by the Borough Engineer, and in such manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway. All parts of the paved street and various structures disturbed shall be restored to a condition equal to that which existed before starting work.
(4) 
All trenches dug laterally or transversely with the roadway shall be constructed in half width so as to provide a continuous flow of traffic. The half width construction shall be completed in its entirety prior to further excavation for the remaining half width.
(5) 
Red lights shall be displayed from sunset to sunrise at any and all points of the work where there may be danger to any person lawfully using the street, and barricades shall be provided continuously wherever they are needed to protect the public.
(6) 
The proposed location of the facility shall be such so as to remain clear of installed facilities such as tile underdrains, storm sewers, sanitary sewers, electrical conduits, gas lines, oil lines and traffic signal equipment.
(7) 
After the facility has been placed in the trench, the trench shall be backfilled with suitable material in layers not to exceed four inches in depth and mechanically tamped for the full depth of the trench. Particular emphasis shall be made to secure dense compaction around the haunches of all pipes.
(8) 
Where the trench lies within a street and it is necessary to excavate through the road metal, trench replacement through the road metal shall be accomplished by widening the trench one feet on each side of the trench for a depth equal to the read metal, but in no case less than eight inches, and one of the following methods of roadway restoration shall be accomplished:
(a) 
Alternate No. 1. Temporary road metal replacement consisting of premixed bituminous surface course may be placed and maintained for a period of 60 days for the purpose of allowing shrinkage and settlement of the trench backfill after which, upon the expiration of 60 days, said material shall be removed and a six inches crushed aggregate base course with a two inches bituminous surface course HE shall be constructed. This latter material shall be placed and compacted using compaction equipment equal to a ten-ton roller and finished to true line and grade of the existing roadway surface; or
(b) 
Alternate No. 2. Permanent roadway restoration may be accomplished immediately by placing reinforced cement concrete a depth of six inches through the roadway metal area, after which a two inches bituminous course HE shall be applied, rolled and struck to the true line and grade of the existing street.
(9) 
Trench excavation through shoulder areas shall be accomplished in the manner described above and backfilled using the prescribed method of four inches layers mechanically tamped, up to an elevation of six inches below the finished shoulder grade. The remainder of the trench shall be backfilled utilizing selected material surfacing six inches in depth, placed and rolled to the true line of grade of the shoulder area. Where a trench is located within the shoulder area and parallel to the roadway it shall be mandatory to effect final compaction of the selected material utilizing a roller weighing eight tons to 10 tons.
(10) 
Before a final compliance certificate is issued by the Borough Engineer, a final inspection will be necessary, at which time the job site shall be cleaned of all debris and construction material and neatly dressed to final grades. The permittee shall notify the Borough Engineer in sufficient time to arrange the final inspection.
A. 
Nothing in this article shall be construed to prevent the Borough or other agency of government or municipal authority from constructing sewers, grading, paving, repairing and/or altering any street and/or laying down, repairing and/or removing water mains and/or constructing and/or establishing any other public work or improvement.
B. 
If any facilities or equipment interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, the facilities or equipment shall be removed or replaced in the manner the respective Borough or other agency of government or municipal authority shall direct.
C. 
Any and all such removal or replacement shall be at the sole expense of facilities or equipment grantee, owner or provider. Should the facilities or equipment grantee, provider or owner fail to remove, adjust or relocate its facilities or equipment by the date established by the Borough or other agency of government or municipal authority, the Borough or other agency of government or municipal authority may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by grantee, provider or owner, including all reasonable costs and expenses incurred by the Borough or other agency of government or municipal authority due to the delay.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In consideration of any altering, installing, altering, extending, repairing, constructing, removing, relocating, using, performing work on or maintaining of any facilities or equipment in the public ways, the facilities or equipment provider, grantee, permittee or owner shall pay to Borough:
A. 
A per pole fee of $25 for all equipment installed on poles or between poles within the rights-of-way; or
B. 
A per linear foot fee of $0.25 for all equipment installed below the surface; plus
C. 
A building permit application fee of $50 which shall cover all work detailed in said permit, provided said work shall be completed within six months; plus
D. 
An excavation permit application fee of $100 which shall cover all work detailed in said permit, provided said work shall be completed within six months; plus
E. 
An escrow deposit in the minimum amount of $1,000, which shall be increased in increments of $100 for every 100 linear feet of above surface work, for every 50 feet of below surface work which is not performed within a cartway, and for every entry into a public road, street or cartway.
F. 
Non-emergency repair or maintenance work that does not disturb the surface, does not interfere with public passage on the street, or the equipment of other providers may be performed without applying for permits, provided the Borough has been given five days' advance notice of the location and type of work to be performed.
G. 
Non-emergency repair or maintenance work that involves excavation, interferes with public passage on the street, disturbs the surface, or disturbs the equipment of other providers may not be performed unless a permit has been issued and the required fees paid. Said fees shall not exceed the fees set forth above, but may be reduced to an amount 25% of the fees required above after a determination by the Borough Engineer or Building Inspector of the extent of the proposed work, the risk of noncompliance with safety and installation requirements, the extent of excavation or road disturbance, and the length of time that the rights-of-way will be disturbed or hindered.
H. 
No yearly rental fees shall be assessed.
I. 
The above fees and permit requirements shall apply to all work within the public rights-of-way. Prior installation, erection or provision of facilities or equipment shall not constitute a waiver of the requirement to obtain permits or pay fees.
J. 
Upon completion of the work, the permittee shall apply to the Borough for a certificate of compliance, which shall be issued by the Borough only upon payment of all fees due and satisfactory compliance with the rules and regulations herein prescribed.
A. 
Facilities and equipment permittees, grantees, providers and owners shall save the Borough, its agents, employees and elected and appointed officials harmless from and against all claims, damages, losses and expenses, including reasonable attorneys' fees, sustained on account of any suit, judgment, execution, claim or demand whatsoever arising out of the construction, leasing, operation or maintenance of their equipment, facilities, and services specified by this article, whether or not any act or omission complained of is authorized, allowed and/or prohibited by this article and the rights granted hereunder.
B. 
Facilities and equipment grantees, providers and owners shall obtain and maintain in full force and effect throughout the term of this article insurance with an insurance company licensed to do business and doing business in Pennsylvania and acceptable to the Borough. Upon request, the Borough shall be provided with proof of such insurance.
C. 
Facilities and equipment grantees, providers and owners shall obtain and maintain in full force and effect, at grantee's sole expense, insurance coverage in the following types and minimum amounts:
Type
Amount
Workers' compensation/statutory employers liability
$1,000,000
Commercial general (public) liability coverage, including:
$1,000,000/per incident
Premises operations;
Products/completed operations;
Contractual liability;
Independent contractors;
Personal injury;
Explosion, collapse, and underground property damage
Comprehensive vehicle insurance coverage, including:
Loading and unloading hazards for owned/leased vehicles, for hired vehicles and non-owned vehicles; accidents involving owned, hired or non-owned vehicles
Combined single limit for bodily injury and property damage, $2,000,000 per occurrence or its equivalent
D. 
The Borough shall receive without expense copies of certificates of insurance evidencing coverage stated above.
E. 
Facilities and equipment permittees, grantees, providers and owners agree that, with respect to the above-required insurance, all insurance certificates will contain the following required provisions:
(1) 
Name the Borough and its officers, employees, board members and elected and appointed officials as additional insured parties (as the interests of each insured may appear) as to all applicable coverage (except worker's compensation);
(2) 
Provide for 60 days' written notice to the Borough for cancellation, non-renewal, or material change;
(3) 
Provide that all provisions of this article concerning liability, duty, and standard of care, including the indemnity provisions, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies, subject to policy terms and conditions.
F. 
Companies issuing the insurance policies shall have no recourse against the Borough for payment of any premiums or assessments, which are the sole risk of facilities and equipment grantees, permittees, providers and owners. Insurance policies shall provide that the issuing company waives all right of recovery by way of subrogation against the Borough in connection with any damage covered by these policies.
G. 
In lieu of the escrows provided above, facilities and equipment permittees, grantees, providers and owners may obtain and maintain, at its sole cost and expense, and file with the Borough a corporate surety bond with a surety company authorized to do business in the Pennsylvania in the amount of 5% of the estimated gross revenues attributed to provision of services within the Borough to secure grantee's performance of its obligations and faithful adherence to all requirements of this article.
H. 
No action, proceeding or exercise of a right under a bond shall affect the Borough's rights to demand full and faithful performance under this article or limit liability for damages.
I. 
All bonds shall contain the following endorsement: "It is understood and agreed that this bond may not be cancelled by the surety nor any intention not to renew be exercised by the surety until 90 days after receipt by the Borough of Langhorne, by registered mail, of written notice of such intent."
J. 
All expenses of the above-noted insurances and bonds shall be paid by the facilities and equipment permittees, grantees, providers or owners.
K. 
All insurance policies mentioned shall contain an endorsement stating the following: "Should any policies of insurance be cancelled or coverages be reduced before the expiration date of said policies of insurance, the issuer shall deliver 60 days advance written notice to the Borough."
L. 
Neither the provisions of this article. nor any insurance accepted by the Borough pursuant hereto. nor any damages recovered by the Borough shall be construed to excuse faithful performance by the facilities and equipment permittees, grantees, providers or owners and/or limit the liability of the facilities and equipment permittees, grantees, providers or owners under this article for damages, either to the full amount of the bond or otherwise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
General. In addition to all other rights, remedies and powers reserved and/or retained by the Borough under this article or otherwise, the Borough reserves the right to bring a civil action to collect any sums due to Borough by the facilities and equipment permittees, grantees, providers or owners and/or forfeit or revoke all privileges of the facilities and equipment permittees, grantees, providers or owners under this article in the event of willful or repeated violation of this article.
B. 
In the event of willful failure or neglect by the facilities and equipment permittees, grantees, providers or owners, or its employees, to perform and comply with the conditions, restrictions and regulations herein imposed, the Borough may revoke and annul the permit and order and direct the said the facilities and equipment permittees, grantees, providers or owners to remove any and all structures or property belonging to the said the facilities and equipment permittees, grantees, providers or owners and covered by this permit from the legal limits of the right-of-way.
C. 
If the facilities and equipment permittees, grantees, providers or owners, after making an opening in the highway, fails to restore the roadway, including paved surface, shoulders and ditches to their original condition, the Borough reserves the right to do the work and bill the facilities and equipment permittees, grantees, providers or owners for the cost of the work.
D. 
Penalties. Any person who violates this article shall, upon being found liable in a civil enforcement proceeding commenced by the Borough, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees incurred by the Borough. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article which is found to have been violated. In addition, the Borough also may enforce this article by an action brought in equity.
A. 
Compliance with applicable laws and ordinances. The facilities and equipment permittees, grantees, providers or owners shall at all times be subject to the exercise of the police power of the Borough. The facilities and equipment permittees, grantees, providers or owners shall comply with all Borough, county, state or federal lawful ordinances, codes, laws, rules and regulations which are now in effect or hereafter enacted.
B. 
Conflict. Whenever the requirements of this article are in conflict with other requirements of the ordinances of the Borough of Langhorne, the most restrictive or those imposing the highest standards shall govern. Privileges granted by this article do not constitute a waiver or impairment of the rights of the Borough at law or equity now or henceforth existing to proceed versus grantee for enforcement of this article or violation of this article or ordinances of the Borough.
The provisions of this article are severable. If any particular section, subsection, paragraph, clause, sentence, part or provision of this article shall be held illegal, unconstitutional or invalid by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, subsections, paragraphs, clauses, sentences, parts, or provisions of this article. It is the intent of Borough Council that this article would have been adopted if such illegal, invalid or unconstitutional section, subsection, paragraph, clause, sentence or part of a provision had not been included.
This article shall become effective in accordance with the provision of the Borough Code of the Commonwealth of Pennsylvania and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 3301.3 and 53 P.S. § 10101 et seq., respectively.