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
Any interruption of service or a condition that poses a clear
and immediate danger to life or health or a 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.
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 or better as its condition before construction.
RIGHT-OF-WAY
The surface and space in, on and above 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, alley, court or any other place, other than real
property owned in fee by the Township.
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.
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 permit holder violates any of the terms of this chapter,
it shall be subject to 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 be imposed upon and enforced
against all persons requiring a permit from the Township.