Unless the context specifically indicates otherwise, the meaning of
the terms used in this chapter shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit or a construction
permit.
APPLICATION
The form prescribed by the Township which the applicant must complete
in order to obtain a right-of-way permit.
CONSTRUCTION
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
a single line extension from equipment in the right-of-way.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform construction
in a right-of-way.
EMERGENCY
An interruption of service or a condition that poses a clear and
immediate danger to life or health, or significant loss of property.
EQUIPMENT
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.
IN
When used in conjunction with rights-of-way means over, above, in,
within, on or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition from
failure or decline.
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 as or better than its condition before construction.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property in
which the Township 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.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the Township to an applicant for
use of the rights-of-Way in the Township for wires, lines, cables, conduits,
pipes, supporting structures and other facilities.
TELECOMMUNICATIONS SERVICES
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.
TOWNSHIP
The Township of Pine, a home rule municipality located in the County
of Allegheny, Pennsylvania, with its municipal business office situate at
230 Pearce Mill Road, Wexford, Pennsylvania 15090-8511.
A right-of-way permit may be transferred or assigned, upon 30 days'
written notice to the Township, provided that the transferee/assignee agrees
in writing to comply with all of the obligations and requirements contained
in this chapter.
A permit holder may be required, prior to construction, to obtain a
performance bond in a reasonable amount set by the Township 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 Township may reduce or cancel the bond requirement when construction
is completed.
If the Township has reason to believe that the permit holder violated
any of the terms of this chapter, it shall notify the permit holder in writing
of the nature of the violation and the section of this chapter 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 Township 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.
The Township, by granting any permit under this chapter, does not waive, lessen, impair or surrender the lawful police powers vested in the Township under applicable federal, state and local laws pertaining to the regulation or use of the rights-of-way. The provisions of this chapter shall not alter, amend, or revise any existing language or provisions of the Code of the Township of Pine (including, but not limited to, the specific provisions of Chapter
84, Zoning, Chapter
48, Excavations and Grading and Chapter
72, Streets and Sidewalks, thereof) unless such is specifically stated herein, and all provisions of this chapter shall otherwise be interpreted to be additional, supplemental regulations of construction within and the use of rights-of-way.
If any section, subsection, sentence, clause, phrase or word of this
chapter 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 chapter
invalid.
The provisions of this chapter shall be imposed upon and enforced against
all persons requiring a permit from the Township.