[Added 1-8-2013 by Ord. No. 1532]
The intent of this article is to:
A.
Provide clear standards and review requirements addressing the installation
and maintenance of wireless communications facilities in rights-of-way.
B.
Assist the Township in managing and maintaining its rights-of-way
in accordance with applicable law for the long-term benefit of the
public.
C.
Recover the costs of maintaining, managing, and regulating the installation
and maintenance of wireless communications facilities in rights-of-way.
D.
Enhance the ability of providers of wireless communications services
to provide such services to the Township, and ensure access to reliable
wireless communications services throughout all areas of the Township.
E.
Ensure public health, safety, welfare, and convenience.
F.
Preserve the residential character of the Township.
G.
Encourage the location of support structures, to the extent possible,
in areas where the adverse impact on the community will be minimal.
As used in this article, the following words and terms shall
have the following meanings:
One or more dipoles, panels (discs) or other devices used
for the transmission or reception of radio frequency signals, which
may include but not limited to, omnidirectional dipole, directional
antenna (panel), distributed-antenna system, or parabolic antenna
disc. The antenna shall not include the support structure defined
below.
Wireless communications facilities consisting of an antenna
array that is either no more than four feet in height with an area
of not more than 580 square inches or, if a tubular antenna, no more
than four inches in diameter and no more than six feet in height.
Any equipment serving or being used in conjunction with a
wireless telecommunications facility, including but not limited to,
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or other structures.
An entity regulated by the Pennsylvania Public Utility Commission.
The space in, upon, above, along, across, and over the public
streets, roads, lanes, courts, ways, alleys, boulevards, and places,
including all public utility easements and public service easements
that are under the jurisdiction of the Township. The phrase "in the
right(s)-of-way" means "in, on, over, along, above and/or under the
right(s)-of-way."
A ROW use agreement is a written agreement between the applicant/provider
and the Township that the applicant/provider will pay an annual ROW
use fee as set forth in the Fee Schedule contained in the Township
Consolidated Fee Schedule. This fee is directly related to the Township's
costs in managing the use of ROW for the provision of wireless communications
service.
A ROW use permit is a written authorization granted by the
Township to an applicant to enter upon and occupy a ROW for the purpose
of installing, constructing, maintaining, or operating wireless communications
facilities.
A structure designed and constructed to support an antenna
array or base station.
Any unstaffed facility for the transmission and/or reception
of wireless communications services, usually consisting of an antenna
array or base station, connection cables, an equipment facility and
a support structure or attachment structure to achieve the necessary
elevation.
Any personal wireless service as defined by the federal Telecommunications
Act of 1996,[1] which includes Federal Communications Commission (FCC)
licensed commercial wireless specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
No wireless communications facility shall be installed, constructed, maintained, or operated in any ROW except in compliance with this article, and all other applicable provisions of the Township Code, including but not limited to Chapter 120, Streets and Sidewalks, Article III Excavations and Openings. The placement of wireless communications facilities in a public ROW shall be governed by this article and shall not be subject to the requirements of Chapter 143, Zoning. The placement of wireless communications facilities outside of a public ROW shall be governed both by the requirements of this article and those of Chapter 143, Zoning.
A.
The Township Manager, or his/her designee, shall be the principal
Township official responsible for the administration and implementation
of this article.
B.
The Township Manager, or his/her designee, shall coordinate the preparation
of all policies and forms as necessary for the implementation of this
article with the approval of the Board of Commissioners.
A.
Except as otherwise provided in this article, a ROW use permit for
each wireless communications facility must be obtained prior to any
person entering upon or occupying any ROW for the purpose of installing,
constructing, maintaining, or operating wireless communications facilities.
B.
Nature of grant. ROW use permits shall not convey title, equitable
or legal, in the ROW. A ROW use permit grants only a right to occupy
a ROW in the Township.
C.
Term. ROW use permits shall have a one-year term, automatically renewable,
subject to then-current code provisions and the payment of applicable
fees to the Township in accordance with this article.
D.
Every person who desires to construct, install, maintain, or operate
wireless communications facilities in the ROW must enter into a ROW
use agreement with the Township as a prerequisite to the issuance
of any ROW use permits. The form and content of the ROW use agreement
shall be established by the Board of Commissioners.
E.
Except as otherwise provided in this article, any person owning, operating or maintaining any wireless communications facility in any right-of-way as of the effective date of this article shall also obtain a ROW use permit in accordance with § 130-38, regarding transitional provisions.
F.
Nothing in this article shall be construed as a waiver of any other
ordinances or regulations of the Township or the Township's right
to require permittees to secure and remit payment for any and all
other required permits and authorizations.
A.
An application for a ROW use permit shall be submitted to the Township
Manager on a form, established by the Township, which form may be
revised from time to time.
(1)
The application form shall request information regarding the proposed
or actual physical use and occupation of the ROW by the applicant,
including specific information regarding the wireless communications
facilities the applicant proposes to place or currently maintains
in the ROW.
(2)
A single application may cover multiple wireless communications facilities.
(3)
Support structure attachment agreement. If the antenna array is to
be erected on a third party's support structure, the consent
of the third party must be attached to the application. If the antenna
array is to be erected on a Township support structure, the application
shall include a request therefor. If granted, the applicant must enter
into a support structure attachment agreement with the Township and
pay an annual fee for the use of the Township's facilities.
(4)
The application must demonstrate that the applicant possesses a license
from the Federal Communications Commission to provide telecommunications
services to the public, and is authorized to conduct business in the
Commonwealth of Pennsylvania.
(5)
All applications shall maintain with the Township the current name,
address and emergency telephone number of the owner or operator-owner
or operator of the support or attachment structure on which the wireless
communications facility is mounted.
(6)
All applications shall include a sworn affidavit from a radio frequency
engineer that the placement or occupancy of the wireless communications
facility in the ROW will not interfere with public safety communications
and the usual and customary transmission or reception of radio, television
or other communication services enjoyed by adjacent residential and
nonresidential properties.
(7)
The Telecommunications Act of 1996[1] gives the Federal Communications Commission the sole power
to regulate radio frequency emissions and does not allow the Township
to condition or deny on the basis of radio frequency impacts the approval
of any wireless communications facilities which meet or exceed Federal
Communications Commission standards. In order to make available information
to Township citizens, the applicant shall provide to the Township
copies of ongoing Federal Communications Commission information and
radio frequency emission standards for transmissions from a wireless
communications facility with support structure or an attached wireless
communications facility. Applicants shall be required to submit information
on the proposed power intensity of their wireless communications facilities.
Applicants shall demonstrate that the proposed wireless communications
facilities meet or exceed Federal Communications Commission standards
and shall supplement that information upon the request of the Township
or annually. Once installed, any technical change that could increase
power or output of the wireless communications facility shall be immediately
reported to the Township.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
A.
The Township shall review each application to determine whether such
use would have a detrimental effect on public safety as it relates
to the ROW or would place an undue physical burden on the ROW.
B.
If the proposed location of the wireless communications facility
interferes with the use of the ROW by others or is contrary to public
safety, the Township shall refuse to issue a ROW use permit.
C.
In considering an application for the issuance of a ROW use permit, the Township may use such outside experts as it deems necessary to assist in reviewing the application and determining whether the use proposed by the applicant would have a detrimental effect on public safety or place an undue burden on the ROW. In the event the Township deems it necessary to employ an outside expert or experts to advise the Township with respect to a particular application, the reasonable costs of such expert(s) ("expert costs") shall be borne by the applicant. Upon completion of its review of the application, the Township shall present a statement of the expert costs to the applicant for payment. No ROW use permit shall be issued until the applicant pays the expert costs. Payment of expert costs is in addition to, and not in lieu of, the payment of the applicable fees set forth in § 130-48. Expert costs are nonrefundable in the event the application is denied.
D.
Decisions to grant or deny an application shall be made on a nondiscriminatory
and competitively neutral basis. Upon submission of a fully completed
application to the Township and the accompanying fee, the Township
shall review the application as follows:
(1)
The Township shall grant or deny an application within 60 days of
its receipt.
(2)
A decision to deny an application shall be preliminary and shall
become final only after the applicant has received the preliminary
decision and has been given 10 days to request a hearing before the
Board of Commissioners.
(3)
If such a hearing is not requested, the decision shall become final
at the end of the ten-day period.
(4)
If a hearing is requested, a written record shall be made, and the
Board of Commissioners shall render a final, written decision supported
by substantial evidence contained in the written record within 45
days of the close of the hearing.
E.
Within seven business days of receipt, the Township may return any
incomplete application without taking action, but shall identify the
missing documentation or information.
F.
The Township reserves the right to deny any application on its merits
and where any one of the following conditions exist:
(1)
The applicant is not licensed by the Federal Communications Commission
as a provider or is not authorized to conduct business in the Commonwealth
of Pennsylvania; or
(2)
The applicant has failed within the past three years to comply or
is presently not in full compliance with the requirements of this
article; or
(3)
The applicant is in default of its obligation to pay to the Township
fees imposed by this article.
G.
The placement of any wireless communications facility in an historic
district or in a ROW adjacent thereto must receive a certificate of
appropriateness from the Board of Commissioners.
A.
Persons already authorized by the Township to own, construct, operate
or maintain wireless communications facilities in the ROW who are
required to obtain a ROW use permit under this article may continue
to conduct those activities expressly authorized until the earlier
of:
B.
Notwithstanding the foregoing, such persons shall apply for a superseding
ROW use permit pursuant to this article within 120 days after the
effective date of this article, and shall be subject to this article
to the extent permitted by law.
C.
Persons owning or operating any wireless communications facilities
in the ROW, the operation or maintenance of which is not currently
authorized but is required to be authorized by this article, shall
have 120 days from the effective date of this article to file an application
for a ROW use permit. Any person timely filing such an application
shall not be subject to a penalty for failure to have such a ROW use
permit, as long as said application remains pending; provided, however,
that nothing herein shall relieve any person of any liability for
its failure to obtain any permit or other authorization required under
other provisions of this article, or other Township ordinances or
regulations, and nothing shall prevent the Township from requiring
removal of any facilities installed in violation of this article,
or other Township ordinances or regulations.
A ROW use permit may be transferred, provided that:
A.
The permittee notifies the Township of its intent to transfer the
ROW use permit in writing at least 30 days' prior to the transfer;
B.
The permittee is not in violation of any of the conditions of the
ROW use permit or any provisions of this article; and
C.
The transferee accepts the transfer, and is a party to a current
ROW use agreement with the Township.
A.
The Township may suspend a ROW use permit in the event any one or
more of the following has occurred:
(1)
The permittee shall have caused damage to Township property or the
ROW without the prior consent of the Township (except in the case
of an emergency) and without completing proper restoration.
(2)
The permittee's use or occupation of the ROW has had a detrimental
effect on public safety.
(3)
The permittee failed to pay fees and charges required under this
article.
(4)
The permittee failed to indemnify, hold harmless, and insure the Township in accordance with the provisions contained in § 130-42 of this article.
(6)
The permittee provided false, misleading, or intentionally incomplete
information on the ROW use permit application.
(7)
The permittee's license by the Federal Communications Commission
or authorization to conduct business in the Commonwealth of Pennsylvania
is suspended or terminated.
B.
If the Township has reason to believe that one or more of the above
events has occurred, it shall notify the permittee in writing via
certified mail. The permittee shall have 30 days to cure the violation,
unless the Township reasonably determines that the event is an emergency,
in which case the Township may impose a shorter time period to cure
the violation.
C.
If the permittee fails to cure the violation within the specified time period, the Township may immediately suspend the ROW use permit, and provide the permittee with written notice via certified mail of its intent to terminate the permit and stating its reasons. A suspension shall be brought to the attention of the Board of Supervisors at its next meeting at which time the Board of Commissioners shall be permitted to uphold or withdraw the suspension. The permittee shall be provided an opportunity to be heard at such meeting. In addition, the Township may proceed with any other available remedies as set forth in § 130-49 of this article.
A.
In addition to all other rights and powers reserved by the Township,
the Township reserves the right to terminate a ROW use permit and
all rights and privileges of a permittee for any of the following
reasons:
(1)
A permittee, after 30 days prior written notice, fails to comply
with any of the material provisions of the ROW use permit or this
article;
(2)
A permittee attempts to or does practice any fraud or deceit in its
conduct or relations with the Township pursuant to the permit; or
(3)
The permittee abandons the wireless communications facility.
B.
No termination shall be effective unless and until the Board of Commissioners
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 written notice via certified
mail to the permittee and an opportunity for the permittee to be heard
and to present evidence before the Board of Commissioners on the proposed
resolution.
A.
Insurance required. A permittee shall, at all times during the life
of a ROW use permit, carry itself and require all of its subcontractors
to carry liability, property damage, worker's compensation, and
vehicle insurance issued to the permittee by an insurance company
licensed to do business in the Commonwealth of Pennsylvania in an
amount and form acceptable to the Township as set forth in the permit.
A permittee shall name the Township as an additional insured on its
liability insurance policies for whom defense will be provided as
to all such coverage. All required insurance coverage shall provide
for 30 days' written notice to the Township in the event of material
alteration or cancellation of such coverage prior to the effective
date of such material alteration or cancellation. A permittee shall
provide appropriate insurance certificates to the Township within
30 days after the issuance of a permit and annually thereafter. Any
certificate of insurance presented to the Township shall verify that
the applicant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the permittee's
use and occupancy of the ROW. The Township may accept a plan of self-insurance
as a substitute for such insurance if the Township determines that
such self-insurance adequately protects the Township and the public.
B.
Indemnification required. Each permittee shall, at its sole cost
and expense, indemnify, hold harmless, and defend the Township, its
officials, boards, commissions, commissioners, agents and employees
against any and all claims, suits, causes of action, proceedings and
judgments for damages or equitable relief arising out of the construction,
maintenance, or operation of its wireless communications facilities
in any ROW, or in any way arising out of the permittee's use
or occupancy of the ROW, except that a permittee shall not indemnify,
hold harmless and defend the Township in connection with any negligent
or malicious act or omission attributable to the Township. This provision
shall include, but is not limited to, the Township's reasonable
attorneys' fees, expert fees' court costs, and any other costs
incurred in defending against any such claim, suit or proceeding.
A.
Inspections. The Township may inspect any wireless communications
facilities to determine compliance with the terms of this article
and other applicable laws and regulations. Permittees are required
to cooperate with all such inspections and to provide information
requested by the Township as part of the inspection.
B.
Reporting. The Township may require the submission of reasonable
information by the permittee relating to its use and occupation of
the ROW as part of the application process or otherwise. All information
provided to the Township shall be maintained by the Township as proprietary
and confidential if such information is so designated in good faith
prior to the time it is provided to the Township by the applicant.
A.
Wireless communications facilities allowed in the ROW shall be limited
to base stations and any equipment facilities necessary to the operation
of the base stations.
B.
Support structure. The antenna array must be mounted on a monopole
support structure, such as a utility pole, in compliance with construction
standards approved by the Township Engineer. The support structure
must be located in proximity to other similar support structures within
the ROW and cannot exceed them in height by more than five feet.
C.
Equipment facilities must be installed so that the roof or lid is
either below or is flush with local ground-level grade. All such equipment
facilities shall be shown in the application. The Board of Commissioners
may grant a waiver to this requirement, on a case-by-case basis, upon
the applicant's showing of need, provided that the facility does
not constitute an obstruction in the ROW which would endanger public
safety.
(1)
Equipment cabinets of any size on a support base located outside
of the ROW used in conjunction with wireless communications facilities
within the ROW will not be considered a separate use of the property
upon which they are located, except in a residentially zoned district.
D.
Relocation. If necessary to accommodate the location or relocation
of ROW facilities of the Township or a public utility or to protect
public safety, the Township shall require a permitted wireless communications
facility to be relocated at the permittee's expense.
E.
Removal. Within 120 days of the expiration or termination of a ROW
use permit, whether by action of the Township or otherwise, the permittee
shall remove the wireless communications facility from the ROW, and
shall restore the ROW to a condition satisfactory to the Township.
If such removal is not completed within six months of the expiration/termination,
the Township may deem any facilities or other property not removed
as abandoned. The Township may remove the facilities and restore the
ROW at the sole expense of the permittee. The permittee's obligation
to remove its facilities and restore the ROW shall survive the expiration/termination
of the ROW use permit.
F.
Removal of abandoned wireless telecommunications facilities. Any
antenna array or support structure that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of
such facility shall remove the same within 90 days of receipt of notice
from the Township notifying the permittee of such abandonment. Failure
to remove an abandoned facility within said 90 days shall be grounds
for the Township to cause the removal of the abandoned facility at
the permittee's expense. If there are two or more permittees
of a single support structure, then this subsection shall not become
effective until all permittees cease using the support structure.
A.
Wireless communications facilities are permitted in a railroad ROW.
B.
Support structure. The antenna array must be mounted on an attachment
structure no more than 100 feet in height if within 150 feet of a
residential zoning district. If elsewhere, it may be mounted on an
attachment structure no more than 200 feet in height. In all cases,
the Township Engineer must approve of the construction standards.
C.
Every provider constructing, installing or maintaining a wireless
communications facility in a railroad ROW must obtain a building permit
for each such facility.
(1)
If the antenna array is to be erected on a third party's support
or attachment structure, the third party consent must be attached
to the application.
(2)
The Township shall refuse to issue a building permit if the proposed
location of the wireless communications facility interferes with the
use of the ROW by others or is contrary to public safety. The Township
shall require a permitted wireless communications facility to be relocated
at the permittee's expense if necessary to accommodate the location
or relocation of ROW facilities of the Township or a public utility
or to protect the public safety.
D.
An equipment facility required for a wireless communications facility
shall comply with the following requirements:
(1)
The equipment facility must be located within the railroad ROW unless
it complies with the following:
(a)
The equipment facility may be located outside the railroad ROW,
provided that such equipment is located in an adjacent public utility
ROW/easement.
(b)
Approval from the owner of the land on which the wireless equipment
is located shall be obtained prior to installation of any equipment
authorized under this section.
(2)
All equipment shall be screened from adjacent residential properties
by a planted buffer that provides a total visual screen of any equipment.
The buffer plantings shall be installed and maintained by the permittee
of the wireless communications facility.
(3)
In the event that any equipment facility of an outside volume exceeding
eight cubic feet is installed in the ROW, such equipment facility
must be installed so that the roof or lid is either below or is flush
with local ground-level grade. All such equipment facilities shall
be shown in the application. The Board of Commissioners may grant
a waiver to this requirement, on a case-by-case basis, upon the applicant's
showing of need.
A.
A base station may be erected outside of a ROW on any attachment structure over 35 feet in height in compliance with Chapter 143, Zoning, upon application to the Director of Code Enforcement. The provider's application shall include:
(1)
The name, address and telephone number of the owner and lessee of
the parcel of land upon which the base station is proposed to be situated.
If the applicant is not the owner of the parcel of land or of the
attachment structure, the written authorization of the owner shall
be evidenced in the application.
(2)
The legal description, parcel number, block and unit number and address
of the parcel of land upon which the base station is to be situated.
(3)
A description and illustration of the stealth design, which shall
be subject to the approval of the Township Manager, or his/her designee.
B.
Wireless communications facilities other than attached base station may be erected outside of a ROW in compliance with Chapter 143, Zoning, upon application to the Director of Code Enforcement. If a special exception is required, the application shall be made to the Director of Code Enforcement. The application shall include:
(1)
A scaled plan and a scaled elevation view and other supporting drawings,
calculations and documentation showing the location and dimensions
of the wireless communications facility and all improvements associated
therewith, including information concerning attachment structure specifications,
antenna locations, equipment facility, landscaping, fencing and, if
relevant, topography, adjacent uses and existing vegetation.
(2)
The name, address and telephone number of the owner and lessee of
the parcel of land upon which the wireless communications facility
is proposed to be located. If the applicant is not the owner of the
parcel of land or of the attachment structure, the written authorization
of the owner shall be evidenced in the application.
(3)
The legal description, parcel number, block and unit number and address
of the parcel of land upon which the wireless communications facility
is to be situated.
(4)
A description and illustration of the stealth design, which shall
be subject to the approval of the Board of Commissioners. In order
to assist the Township in evaluating visual impact, the applicant
shall submit with its application color photo simulations showing
the proposed site of the wireless communications facility with a photo
realistic representation of the proposed wireless communications facility
as it would appear viewed from the closest residential property, adjacent
roadways and additional locations as necessary.
(5)
Written, technical evidence from an engineer acceptable to the Fire
Marshall and Director of Code Enforcement that the proposed wireless
communications facility does not pose a risk of explosion, fire or
other danger to life or property due to its proximity to volatile,
flammable, explosive, or hazardous materials, such as LP gas, propane,
gasoline, natural gas or corrosive or other dangerous chemicals.
A.
Wireless communications facility providers shall at all times employ
ordinary and reasonable care and install and maintain in use nothing
less than the best available technology for preventing failures and
accidents which are likely to cause damage, injury or nuisance to
the public.
B.
Wireless communications facility providers shall install and maintain
wireless communications facilities, wires, cables, fixtures and other
equipment in substantial compliance with the requirements of the National
Electric Code and all Federal Communications Commission, state and
local regulations and in such manner that will not interfere with
the use of other property.
C.
Wireless communications facilities shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not menace or endanger
the life or property of any person.
D.
Wireless communications facilities shall be operated and maintained
so as not to produce noise in excess of the applicable noise standards
under state law or the Township Code, except in emergency situations
requiring the use of a backup generator, where the noise standards
may be exceeded on a temporary basis.
E.
In the event that the use of a wireless communications facility is
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. If such wireless communications facility is not removed
within 90 days, the Township may remove it at the owner's expense.
A.
The fees and charges prescribed by the Board of Commissioners and
which must be paid for installation and maintenance of a wireless
communications facility in the Township are set forth in the fee schedule
contained in the Township Consolidated Fee Schedule.[1]
B.
Application fee for ROW use permit. The applicant for a ROW use permit
shall pay the Township an application fee as set forth in the fee
schedule contained in the Township Consolidated Fee Schedule. This
fee is directly related to the Township's costs in reviewing
the application (excluding expert costs). This fee is nonrefundable.
C.
An applicant seeking to install one or more wireless communications
facilities outside the ROW shall also establish a single escrow deposit
with the Township, as set forth in the fee schedule contained in the
Township Consolidated Fee Schedule, out of which the Township will
make payment of the fees and charges of those consultants and professional
advisors as deemed necessary by the Township for the processing of
the application. The applicant shall be requested to replenish the
escrow if sufficient funds are not available to make such payments
and shall make such additional payments within 10 business days of
the request, in default of which the processing of any of the applicant's
applications shall be suspended. Failure to make such payment within
30 business days of the request shall result in all pending applications
being rejected. If requested, the Township shall supply the applicant
with an itemized statement of the use of the escrow funds at the time
any request for additional payment is made and at the time the escrow
is closed out, at which time any balance in the account shall be returned.
D.
For wireless communications facilities installed in the ROW, the
applicant must pay an annual ROW use fee as set forth in the fee schedule
contained in the Township Consolidated Fee Schedule. This fee is directly
related to the Township's costs in managing the use of the ROW
for the provision of wireless communications service. This fee is
nonrefundable.
E.
For wireless communications facilities to be located on Township-owned
attachment structures in the ROW, the applicant must enter into a
support structure attachment agreement with the Township and pay the
Township the rental fees therefor described in the fee schedule contained
in the Township Consolidated Fee Schedule.
F.
Other charges and fees may be applicable as set forth in the fee
schedule contained in the Township Consolidated Fee Schedule, depending
on the extent of use of the ROW, and shall be calculated by the Township
Manager or his designee in conjunction with the application review.
G.
For wireless communications facilities located on Township-owned
lands and attachment structures not in the ROW, the Township Manager
or his/her designee is authorized to negotiate the terms of a lease
agreement and the appropriate rental for the use of Township-owned
lands and attachment structures not in the ROW. The availability of
space on Township facilities shall be determined on a case-by-case
basis and made available to providers on a first-come first-served
basis. No building permit for a wireless communications facility will
be issued with respect to Township property until the lease agreement
has been accepted by the Township.
H.
Unless otherwise agreed to in writing, all fees shall be paid in
advance. Payments shall be delivered to the attention of the Director
of Code Enforcement.
I.
Taxes and assessments. To the extent taxes or other assessments are
imposed by taxing authorities on the use of Township property as a
result of an applicant's use or occupation of the ROW or of Township-owned
or leased property, the applicant shall be responsible for payment
of such taxes, payable annually unless otherwise required by the taxing
authority. No rental payment shall constitute a payment in lieu of
any tax, fee or other assessment, except as specifically provided
in this article or as required by applicable law.
J.
Interest on late payments. If any fee is not actually received by
the Township on or before the applicable date fixed in the ROW use
agreement, support structure attachment agreement, or lease agreement
for the use of Township-owned lands and attachment structures not
in the ROW, interest shall accrue from such date until received at
15% per annum.
A.
Any person violating the prohibitions in § 130-35 (Right-of-way use permit required) of this article shall, upon summary conviction before any District Justice, pay a fine of no more than $600. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues.
B.
If the Township determines that a permittee is in violation of this
article or a ROW use permit, the Township shall notify the permittee
of the violation(s) in writing via certified mail and provide the
permittee with 30 days to cure the violations, unless the Township
reasonably determines that the event is an emergency, in which case
the Township may impose a shorter time period to cure the violation.
The Township, in its reasonable discretion, may provide a longer period
of time to cure the violation(s) if the nature of the violation(s)
is such that it cannot be fully cured within 30 days. If the permittee
fails to cure the violation(s) within the time provided, the permittee
shall pay, upon summary conviction before any District Justice, a
fine of no more than $600. A separate and distinct violation shall
be deemed committed each day on which a violation occurs or continues.
C.
In the case of an emergency which is discovered by the Township or
reported to the Township, the Township shall notify the permittee
via the permittee's emergency telephone number. In the event
that the permittee does not repair the emergency within six hours,
the Township may repair the emergency at the permittee's expense.
E.
In addition to any other remedy, the Township may seek an injunction
to mitigate or terminate any violation hereunder or employ any other
remedy available at law or in equity.
F.
The failure of the Township to insist on timely performance or compliance
by any person holding a ROW use permit shall not constitute a waiver
of the Township's right to later insist on timely performance
or compliance by that person or any other person holding a ROW use
permit.
No ROW use permit shall estop or limit the Township in the full
exercise of its governmental powers to protect the health and safety
of the public, and all other governmental powers may be fully exercised
except as expressly provided in this article.
