[HISTORY: Adopted by the Township Council
of the Township of Bristol as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-13-1995 by Ord. No. 95-05]
A.
No person or firm whether public, private, nonprofit
or not-for-profit shall construct, operate or continue to operate
a wireless communications system which occupies any part of the streets,
public ways and public places within the Township without having been
issued a wireless telecommunication permit by the Director of Licenses
and Inspections.
B.
Except as hereinafter provided, it shall be a term
and condition of any wireless telecommunication permit issued in accordance
herewith that as a part of the consideration supporting the issuance
of such wireless communication permit and the Township's permission
thereby to occupy and use the streets and rights of way of the Township,
that the permittee shall pay to the Township compensation and license
fees as set out below:
(1)
All applicants shall pay a permit request fee per
cell site as set by resolution.
(2)
The permittee shall pay to the Township a minimum
of 5% or the maximum percentage allowed by law of all gross revenues
derived from the operation of the wireless telecommunication system,
including but not limited to equipment rental, voice service, data
service, vehicle location services, security monitoring, paging and
all other services and related subsidiary companies which use the
wireless system to generate any portion of their revenue.
(3)
The wireless provider shall pay to the Township an
annual permit fee per cell site as provided by resolution.
(4)
Privately owned lines or cables placed by the wireless communications system operator to support the backhaul portion of the network are subject to Article II of this chapter unless the operator is a franchised telephone company or franchised cable television.
(5)
The Township may adjust these permit fees each year
to the extent allowed by law. The minimum adjustment shall be set
by the cumulative increase in the consumer price index published by
the United State Department of Labor for Urban Wage Earners (1967
= 100%), since the initial establishment of this permit fee, or since
the most recent increase in the permit fee for any and all subsequent
increases after the first increase, and only after a public hearing
and at least 20 days' notice to all permittees, except as hereinafter
provided.
C.
The annual compensation and permit fee provided for in Subsection B shall be payable annually on or before October 1 of each calendar year for the portion of the wireless communications systems within the Township right of way on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a wireless telecommunication permit for all new portions of the system. The quarterly revenue fees are due January 1, April 1, July 1, and September 1.
D.
Fees not paid within 10 days after the due date shall
bear interest at the rate of 1% per month from the date due until
paid.
E.
The acceptance of any payment required hereunder by
the Township shall not be construed as an acknowledgment that the
amount paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the Township
may have for additional sums due and payable.
(1)
All fee payments shall be subject to audit by the
Township and assessment or refund if the payment is found to be in
error.
(2)
In the event that such audit results in as assessment
by and an additional payment to the Township, such additional payment
may be subject to interest at the rate of 1% per month retroactive
to the date such payment originally should have been paid, which shall
be due and payable immediately.
F.
Nothing in this article shall be construed to limit
the liability of the permittee for all applicable federal, state and
local taxes.
G.
Any holder of a wireless telecommunication permit
must be a member of "Call Candy" Utility Notification Center (1-800-282-8881)
or any subsequent alert and warning system to protect and locate their
underground and pole-mount structures.
A.
BACKHAUL NETWORK
CELL SITE
EASEMENTS
FCC
LICENSES AND INSPECTIONS
LOCAL ACCESS TRANSPORT AREA (LATA)
LOCAL TELEPHONE SERVICE
(1)
(a)
(b)
(2)
MICRO CELL
PERMITTEE
PICO CELL
PRIVATE COMMUNICATIONS SYSTEM
STREET
TOLL TELEPHONE SERVICE
(1)
(2)
TOTAL GROSS REVENUES
WIRELESS COMMUNICATION PERMIT
WIRELESS COMMUNICATIONS SYSTEM
For the purposes of this article and any permit in
accordance herewith, the following terms, phrases, words and their
derivations shall have the meaning given herein unless otherwise specifically
provided in this article or unless the context clearly indicates otherwise
or unless such meaning would be inconsistent with the manifest intent
of the Township Council:
The physical network that connects micro cells and pico cells
to a central switching point or the Public Switch Telephone Network
(PSTN).
The location of a transmitter/receiver and backhaul network
interface which provides telephonic or telecommunications-type service
to subscribers. The locations include single pole-mounted receiver/transmitter
units, receiver/transmitter units located on new or existing antenna
structures, receiver/transmitter units located in buildings and on
rooftops.
Any strip of land created by a subdivider for public or private
utilities, sanitation, or other specified uses having limitations,
the title to which shall remain in the name of the property owner,
subject to the right-of-way use designated in the reservation of the
servitude. No private facility may be constructed within the easement
without written permit from the Township.
The Federal Communications Commission or its legally appointed
successor.
The Department of Licenses and Inspections of Bristol Township.
That geographic area and communication system in which the
Township of Bristol is located and in which Bell Atlantic or any subsequent
telephone company is authorized by the Public Service Commission of
Pennsylvania to provide local exchange access telecommunications services.
Means:
The access to a local franchised telephone system,
and the privilege of telephonic-quality communication with substantially
all persons having telephone or radio telephone stations constituting
a part of such local telephone system; or
Any facility or service provided in connection with a service described in Subsection (1)(a) above.
The term "local telephone service" does not
include any service which is a toll telephone service; personal communications
service; private communication service; cellular mobile telephone
or telecommunication service; regularized mobile telephone or telecommunication
service; regularized mobile radio, or pagers and paging service, including
but not limited to beepers and any other form of mobile and portable
one-way of two-way communication; or telephone typewriter or computer
exchange service.
A transmitter/receiver system used to communicate to the
subscriber's handset, typically with a range of 600 to 1,000 meters.
The person, organization, firm, profit or not-for-profit
corporation, or its legal successor in interest who is issued a wireless
communication permit or permits in accordance with the provisions
of this article for the erection, construction, reconstruction, operation,
dismantling, testing, use, maintenance, repairing, rebuilding or replacing
of a wireless communications system in the Township.
A transmitter/receiver system used to communicate to the
subscriber's handset, typically with a range of 200 to 600 meters.
Any system of communications lines, cables, equipment or
facilities which are used to provide a telephone, video, data, telemetry,
intercom or telecommunications service that in any manner occupies
easements, streets, public ways or public places within the corporate
limits of the Township, as now or in the future may exist. "Private
communications system" does not include any part of a state or municipally
franchised local exchange telephone company or part of a cable television
system or telephone system franchised by the Township or any part
of a federal, state, county or local government owned telecommunications
system.
Any area established for vehicular or public access use of
the entire width between the property lines of every way publicly
maintained when any part thereof is open for public purposes. "Street"
includes, but is not limited to, highway, avenue, road, alley, right
of way, lane, boulevard, concourse, bridge, tunnel, parks, parkways
and waterways.
A telephonic-quality communication for which
there is a toll charge which varies in amount with the distance and
elapsed transmission time of each individual communication; or
A service which entitled the subscriber or user,
upon the payment of a periodic charge which is determined as a flat
amount of upon the basis of total elapsed transmission time, to the
privilege of an unlimited number of telephonic communications to or
from all or a substantial portion of the persons having telephone
or radio telephone stations in a specified area which is outside the
local telephone system area (LATA) in which the station provided with
this service is located.
All cash, credits, or property of any kind of nature reported as revenue items to permittee's audited income statements arising from or attributable to the sale, lease, rental or exchange of wireless communications services or equipment by the permittee within the Township or in any way derived from the operation of its wireless communications system, including, but not limited to, any interconnection between its system in the Township and any system whatsoever. This sum shall be the basis for computing the fee imposed pursuant to § 82-1. Such sum shall not include any bad debts, deposits, promotional or vendor discounts or credits nor sales, service, occupation or other excise tax to the extent that such taxes are charged separately from normal service charges and are remitted by the permittee directly to the taxing authority.
The privilege granted by the Township by which it authorizes
a person, firm or corporation to erect, construct, reconstruct, repair,
rebuild or replace a wireless communications system that occupies
any portion of the streets, public ways or public places within the
Township. Any permit issued in accordance herewith shall be a nonexclusive
permit.
Any system which uses a form of cellular telephony which
allows business and residential subscribers to access and/or make
telephone calls to each other through the wireless telecommunications
system or over the public switched telephone network (PSTN) using
small cordless telephone devices which communicate with limited range
cells (transmitter/receiver sites) connected to a backhaul network.
A.
Any wireless communication permit issued by the Township
in accordance herewith shall be a nonexclusive permit for the use
of the easements, streets, public ways or public places within the
Township as specified in the wireless communication permit for the
erection, construction, reconstruction, operation, maintenance, dismantling,
testing and use of a wireless communications system.
B.
Any wireless communication permit issued by the Township
shall continue in full force and effect so long as the permittee is
in compliance with this article, all applicable federal, state and
local ordinances and regulations and the space occupied is not needed
for a public purpose.
C.
In the event that any wireless communication permit
shall be revoked, the applicable wireless communications system shall,
at the option of the Township, be removed from the streets, public
ways and public places at the sole expense of the permittee.
A.
Any wireless communications permit issued for a wireless
communications system in accordance herewith shall apply only to the
location or locations stated on the wireless communication permit.
Each permit shall clearly state the location of each cell site system
or stated by a registered surveyor and specify the height and cell
configuration.
B.
Nothing in this article shall be construed as a representation,
promise or guarantee by the Township that any other permit or other
authorization required under any Township ordinance for the construction
of installation of a wireless communications system shall be issued.
The requirements for any and all other permits as may be required
by any Township ordinance, including a right-of-way permit, shall
still apply, and all other applicable permit fees shall still be due.
A.
Before commencing construction of its wireless communications
system in, above, over, under, across, through or in any way connected
with the streets, public ways or public places of the Township, the
permittee shall first obtain the written approval of, and all other
necessary permits from, all appropriate Township agencies, including,
but not limited to, the Zoning Department and the Department of Public
Works. Applications for such approval shall be made in the form prescribed
by the Licenses and Inspections Department.
B.
Upon obtaining such written approval, the permittee
shall give the Licenses and Inspections Department and the appropriate
agency written notice within a reasonable time of proposed construction,
but in no event shall such notice be given less than 10 days before
such commencement, except for emergency repairs of existing lines
or cables.
C.
Any person who submits a request for a permit in accordance
herewith shall include therein proposed agreements for the use of
existing utility poles and conduits, if applicable, with the owner(s)
of such facilities to be used or affected by the construction of the
proposed wireless communications system, which agreements shall become
effective on the date of execution of the permit. In the event that
permission to use existing poles or conduits cannot be obtained, the
permittee shall submit documentation to support the unavailability
of existing poles and a detailed plan for construction insuring protection
for existing facilities. Such plans shall include detailed drawings
of the location and manufacturer's specifications for the cell site
equipment.
D.
It shall be unlawful for the permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in Subsections A and B. Violation of this section shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the Township.
E.
The permittee shall restore any street or sidewalk
it has disturbed in accordance with the provisions of the Township's
standard specifications for streets and sidewalks, and shall, at its
own cost and expense, restore and replace any other property disturbed,
damaged or in any way injured by or on account of its activities to
as good as the condition such property was in immediately prior to
the disturbance, damage or injury or pay the fair market value of
such property to its owner or shall make such other repairs or restorations
as outlined in the approved permit.
F.
The permittee shall, at its own cost and expense,
protect, support, temporarily disconnect, relocate in the same street
or other public place, or remove from such street or other public
place, any of its property when required to do so by the Township
because of street or other public excavation, construction, repair,
regrading, or grading; traffic conditions; installation of sewers,
drains, water pipes, Township-owned power or signal lines, tracts,
vacation or relocation of streets or any other type of structure of
improvement of a public agency, or any type of improvement necessary
for the public health, safety or welfare, or upon termination or expiration
of the permit.
G.
Nothing in this article, or any permit issued in accordance
herewith, shall be construed as authorizing the permittee to erect
and maintain new poles in areas serviced by existing poles, if the
poles are available for the permittee's use. The permittee shall obtain
written approval from the Licenses and Inspections Department and
other appropriate Township agencies before erecting any new poles
or cell-site support structures.
H.
The permittee shall maintain all wires, conduits,
cables, and other real and personal property and facilities in good
condition, order and repair. The permittee shall provide indemnity
insurance and performance bonds or demonstrate financial responsibility
as shall comply with all rules and regulations issued by the Licenses
and Inspections Department governing the construction and installation
of wireless communications systems.
I.
The permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the streets,
public ways and publics places within the Township and shall furnish
as soon as they are available two complete copies of such maps and
records, including as-built drawings, to the Licenses and Inspections
Department.
J.
The permittee shall comply with all rules and regulations
issued by the Licenses and Inspections Department governing the construction
and installation of wireless communications systems.
[Amended 7-11-2000 by Ord. No. 2000-19]
Any person who shall carry on or conduct any
business or occupation or profession for which a permit is required
by this article without first obtaining a permit shall be considered
to be in violation of this article and, upon conviction, be punished
by a fine of not more than $600 and the cost of prosecution and, in
default of payment of such fine and costs, shall be imprisoned for
a term not exceeding 30 days. Each week's continuation of a violation
of this article shall constitute a separate offense.
A.
The rights and privileges hereby granted are considered
personal, and if the permittee sells, assigns, transfers, leases or
pledges such rights or privileges, or both, in whole or in part, either
directly or by operation of the law, then the Township shall have
the right to terminate any and all permits issued hereunder for no
other cause. The Township shall terminate such permits in writing,
certified mail, return receipt requested, to the permittee, and such
termination shall be effective 60 days from said date of mailing.
The rights and privileges hereby granted shall not be mortgaged or
encumbered without the prior consent and approval of the Township
given by written resolution.
B.
In addition to the provisions for termination provided for in Subsection A, the Township shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in or transfer of or acquisition by any other party or control of permittee. The word "control" as used in this context is not limited to major stockholders but includes actual working control in whatever manner exercised. The permittee shall annually submit to the Township a list of all shareholders and a list of all officers and directors. By acceptance of the permit the permittee specifically agrees that any violation of this section shall, at the Township's option, cause any and all permits granted the permittee under this article to be revoked.
A.
Commercial property. Micro cell and pico cell sites are allowed on commercial property. Each cell site will require a permit as indicated in § 82-1. This permit for a cell site on commercial property must include a detailed design drawing of a the proposed cell site, a statement of permission by the owner and must be signed by the property owner and notarized. All fees and requirements of this article shall apply.
B.
Residential property. No micro cell, pico cell, repeater
or translator sites are allowed on residential property. Placement
of cells on residential property is a violation of this article and
subject to a fine of not less than $5,000 plus $500 per day for each
day the cell if active.
A.
Firms or individuals requesting permits for new cell
sites or cell site systems may be required by the Township to submit
evidence of financial capability to construct and operate such cell
sites or systems as may be included in the permit request. Such evidence
may include, but not be limited to, previous years audited financial
statements for the requesting firm, individual financial statements
for principals or investors or other such financial information as
the Township Manager may desire.
B.
The permittee shall provide the Township with a written
statement from an independent certified public accountant within 120
days after the close of the calendar year that such certified public
accountant has reviewed the books and records of the permittee as
they relate to any permits issued under this article and based upon
such review, the certified public accountant believes the payment
received by the Township properly reflects the fee due to the Township
with respect to this article. The Township shall have the right to
reasonable inspection of the permittee's books and records during
normal business hours.
C.
Local office. The permittee must maintain a local
business office open to the public during normal business hours for
the purpose of handling customer service. All books and records must
be maintained in this local office.
Upon cancellation, revocation or denial of the
permit required by this article, the requester or permittee shall
remove such designated cell site and any support structure as requested
by the Township. Such removal to be completed within 30 days. At the
end of 30 days the Township may at its option have the cell site removed,
with such costs being the responsibility of the permittee.
[Adopted 6-13-1995 by Ord. No. 95-05]
A.
No person or firm whether public, private, nonprofit
or not-for-profit shall construct, operate or continue to operate
a private communications system which occupies space within streets,
public ways and public places within the Township (or operate a franchise
for telephone, telecommunication service, video distribution system
or cable television or cable communications systems) without having
been issued a telecommunication permit by the Director of Licenses
and Inspections.
B.
Except as hereinafter provided, it shall be a term
and condition of any telecommunication permit issued in accordance
herewith that as a part of the consideration supporting the issuance
of such telecommunication permit and the Township's permission thereby
to occupy and use the streets of the Township, that the permittee
shall pay each year to the Township compensation and license fees
as follows:
(1)
All applicants shall pay a permit request fee of as
set by resolution.
(2)
For providers of long-distance access of long-distance
service, other than the franchise's local exchange carrier, a minimum
fee of as set by resolution per year per cable or per year per cable
per linear mile or any portion thereof, whichever is greater, or the
maximum as allowed by law.
(3)
For private communications systems owned by a nonfranchised
entity, a minimum fee of as set by resolution per year or as set by
resolution per linear mile, whichever is greater, or any part thereof,
per year for systems extending over one mile shall be paid by the
operator to the Township. In no case shall the annual fee be less
than the amount set by resolution.
(4)
Lines, cables or fiber optics of a private communications
system placed in a conduit or duct-bank ("pathway") owned by another
permittee or franchisee shall require a separate telecommunication
application and permit, subject to the same requirements as other
installations, except the fee for the additional telecommunications
permit shall be 1/2 the maximum allowed by law or 1/2 of the otherwise
applicable per-linear-mile fee for the portion of the Pathway so utilized.
(5)
Lines, cables or fiber optics of a Private Communication
System which are placed in a conduit or duct-bank owned by an entity
not exempt by law or statute from the provisions of this article shall
require a telecommunication permit, unless the franchise, or other
authorization by which the exempt entity has the right to place the
conduit or duct-bank within the Township property, prohibits the application
of the permit and fee requirements contained in this article to the
lessee of space within the conduit or duct-bank.
(6)
Any private communication system that serves customers and charges a fee for services provided by the private communications system within the Township shall pay (in addition to applicable fees in Subsections A, B, C, D and E quarterly, 5% of the annual total gross revenues from such customers to be calculated on the basis of all revenues derived from transmissions that bypass the local exchange carrier. Revenues derived from transmissions that enter a private communications system through the LATA shall not be part of the total gross revenues for purposes of calculating compensation and license fees.
(7)
The Township may, at its option, adjust this permit
fee each year to the extent allowed by law or by an amount not exceeding
the proportional cumulative increase in the consumer price index published
by the United States Department of Labor for Urban Wage Earners (1967
= 100%), since the initial establishment of this permit fee, or since
the most recent increase in the permit fee for any and all subsequent
increases after the first increase, and only after a public hearing
and at least 20 days' notice to all permittees, except as hereinafter
provided. The Township may raise the license fee more than the cumulative
increase if competent evidence that the fee imposed by the Township
is below the norm of fees imposed by other cities within the State
of Pennsylvania which impose such fees and which have populations
in excess of 15,000 people.
C.
The annual compensation and license fee provided for in Subsection B shall be payable annually on or before October 1 of each calendar year for the portion of the private communications systems within the Township right-of-way on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a telecommunication permit for all new portions of the system. Quarterly revenue fees are due January 1, April 1, July 1, and September 1.
D.
Fees not paid within 10 days after the due date shall
bear interest at the rate of 1% per month from the date due until
paid.
E.
The acceptance of any payment required hereunder by
the Township shall not be construed as an acknowledgment that the
amount paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the Township
may have for additional sums due and payable.
(1)
All fee payments shall be subject to audit by the
Township and assessment or refund if the payment is found to be in
error.
(2)
In the event that such audit results in as assessment
by and an additional payment to the Township, such additional payment
shall, at the Township's option, be subject to interest at the rate
of 1% per month retroactive to the date such payment originally should
have be paid, which shall be due and payable immediately.
F.
Nothing in this article shall be construed to limit
the liability of the permittee for all applicable federal, state and
local taxes.
G.
Any holder of a telecommunication permit must be a
member of "Call Candy" Utility Notification Center (1-800-282-8881)
or any subsequent alert and warning system to protect and locate their
underground.
For the purposes of this article and any permit
in accordance herewith, the following terms, phrases, words and their
derivations shall have the meaning given herein unless otherwise specifically
provided in this article, unless the context clearly indicates otherwise
or unless such meaning would be inconsistent with the manifest intent
of the Township Council:
A nonbroadcast facility consisting of a set of transmission
paths with associated signal generation, reception and control equipment,
under common ownership and control, which distributes or is designed
to distribute to owners, users or subscribers, the signals of one
or more television broadcast stations and other subscriber services
with an existing franchise issued by the Township of Bristol.
The Federal Communications Commission or its legally appointed
successor.
The Licenses and Inspection Department of Bristol Township.
That geographic area and communications systems in which
the Township of Bristol is located and in which Bell Atlantic or any
subsequent telephone company is authorized by the Public Service Commission
of Pennsylvania to provide local exchange access telecommunications
services.
Includes:
The access to a local telephone system, and
the privilege of telephonic-quality communication with substantially
all persons having telephone or radio telephone stations constituting
a part of such local telephone system; or
Any facility or service provided in connection with a service described in Subsection A(1).
The term "local telephone service" does not
include any service which is a toll telephone service; private communication
service; cellular mobile telephone or telecommunication service; specialized
mobile telephone or telecommunication service; specialized mobile
radio, or pagers and paging, service, including but not limited to
beepers and any other form of mobile and portable one-way or two-way
communication; or telephone typewriter or computer exchange service.
The person, organization, firm, nonprofit or not-for-profit
corporation or its legal successor in interest who is issued a telecommunication
permit or permits in accordance with the provisions of this article
for the erection, construction, reconstruction, operation, dismantling,
testing, use, maintenance, repairing, rebuilding or replacing of a
private communications system in the Township.
Any telecommunication permit issued by the Township
shall continue in full force and effect so long as the permittee is
in compliance with this article, all applicable federal, state and
local ordinances and regulations and the space occupied is not needed
for a public purpose.
In the event any telecommunication permit shall
be revoked, the applicable private communications system shall, at
the option of the Township, be removed from the streets, public ways
and public places at the sole expense of the permittee.
The privilege granted by the Township which authorizes a
person to erect, construct, reconstruct, operate, dismantle, test,
use, maintain repair, rebuild and replace a private communications
system that occupies the streets, public ways or public places within
the Township. Any telecommunication permit issued in accordance herewith
shall be a nonexclusive permit.
A.
Any telecommunication permit issued for a private
communications system in accordance herewith shall apply only to the
location or locations stated on the telecommunication permit or permits.
Each permit shall clearly state the location of each end and leg of
the private communications system and specify the length as certified
by a registered survey company.
B.
Nothing in this article shall be construed as a representation,
promise or guarantee by the Township that any other permit or other
authorization required under any Township ordinance for the construction
or installation of a private communications system shall be issued.
The requirements for any and all other permits as may be required
by any Township ordinance, including a right-of-way permit, shall
still apply, and all other applicable permit fees shall still be due.
A.
Before commencing construction of its private communications
system in, above, over, under, across, through or in any way connected
with the streets, public ways or public places of the Township, the
permittee shall first obtain the written approval of any and all departments
and all other necessary permits from all appropriate Township agencies,
including, but not limited to, the Zoning Department, Licenses and
Inspections Department, Road Department and Department of Public Works.
Applications for such approval shall be made in the form prescribed
by the Licenses and Inspections Department.
B.
Upon obtaining such written approval, the permittee
shall give the Licenses and Inspections Department and the appropriate
agency written notice within a reasonable time of proposed construction,
but in no event shall such notice be given less than 10 days before
such commencement, except for emergency repairs of existing lines
or cables.
C.
Any person who submits a request for a permit in accordance
herewith shall include therein any proposed agreements for the use
of existing utility poles and conduits, if applicable, with the owner(s)
of such facilities to be used or affected by the construction of the
proposed private communications system. These agreements shall become
effective on the date of issuance of the permit. In the event that
permission to use existing poles or conduits cannot be obtained, the
permittee shall submit documentation to support the unavailability
of existing poles and a detailed plan for alternative construction
insuring protection for existing facilities, and other affected public
and private property.
E.
The permittee shall restore any street or sidewalk
it has disturbed in accordance with the provisions of the Township's
standard specifications for streets and sidewalks, and shall, at its
own cost and expense, restore and replace any other property disturbed,
damaged or in any way injured by or on account of its activities to
as good as the condition such property was in immediately prior to
the disturbance. If any property damage or injury occurs, the permittee
shall pay the fair market value of such property to its owner or shall
make such other repairs or restorations as outlined in the approved
permit or as required by the Township Engineer.
F.
The permittee shall, at its own cost and expense,
protect, support, temporarily disconnect, relocate in the same street
or other public place, or remove from such street or other public
place, any of its property when required to do so by the Township
because of street or other public excavation, construction, repair,
regrading, or grading; traffic conditions; installation of sewers,
drains, water pipes, Township-owned power or signal lines; tracts;
vacation or relocation of streets or any other type of structure or
improvement of a public agency, or any type of improvement necessary
for the public health, safety or welfare, or upon termination or expiration
of the permit.
G.
Nothing in this article or any permit issued in accordance
herewith shall be construed as authorizing the permittee to erect
and maintain new poles in areas serviced by existing poles, if the
poles are available for the permittee's cable. The permittee shall
obtain written approval from the Licenses and Inspections Department
and other appropriate Township agencies before erecting any new poles
or underground conduits where none exist.
H.
The permittee shall maintain all wires, conduits,
cables, and other real and personal property and facilities in good
condition, order and repair. The permittee shall provide indemnity
insurance and performance bonds or demonstrate financial responsibility
as required by the Township Solicitor, and shall comply with all rules
and regulations issued by the Licenses and Inspections Department
governing the construction and installation of private communications
systems.
I.
The permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the streets,
public ways and public places within the Township and shall furnish
as soon as they are available two complete copies of such maps and
records, including as-built drawings, to the Licenses and Inspections
Department.
J.
The permittee shall comply with all rules and regulations
issued by the Licenses and Inspections Department governing the construction
and installation of private communications systems.
[Amended 6-6-2000 by Ord. No. 2000-14]
Any person who shall carry on or conduct any
business or occupation or profession for which a license tag or permit
is required by this article without first obtaining a license tag
or permit shall be considered to be in violation of this article and,
upon conviction, be punishable by a fine of not more than $600 and
the cost of prosecution, and, in default of payment of such fine and
costs, shall be imprisoned for a term not to exceed 30 days. Each
week's continuation of a violation of this article shall constitute
a separate offense.
A.
Lines or cables of private communication system which
had been constructed or placed within the Township's streets, public
ways or public places prior to the date of enactment of this article
were permitted to be there only by virtue of a revocable license.
Such lines and cables may remain within the Township's streets, public
ways or public places, provided that the private communications systems
comply with the provisions of this article as they relate to the existing
lines and cables.
B.
Except as hereinafter provided, the provisions of
this article shall become effective upon enactment as to preexisting
private communications systems existing on May 15, 1995. The private
communications systems companies which have facilities within the
Township streets on the date of enactment of this article shall have
until September 30, 1995, to obtain permits for their existing system,
to pay the applicable fee for 1995 by December 31, 1995, prorated
as of September 30, 1995, and to fully comply with the provisions
of this article.
C.
The applicable fee for lines, cables, and fiber optics
which were existing within the Township streets, public ways and public
places on September 30, 1995, shall be prorated over a two-year transitional
period. The fee for the first calendar year applicable to the existing
lines and cables shall be 50% of what otherwise would be due in accordance
with the terms of this article. The fee for the second year shall
be 75% of the actual amount and 100% beginning in year three.
