[Ord. 306, 2/2/1994, § 101]
No person shall construct, operate or continue to operate a
private communications system which occupies the streets, public ways
and public places within the Township without having been issued a
license or licenses by the Township Secretary.
[Ord. 306, 2/2/1994, § 102]
The purpose of this Part is:
A.
To regulate the erection, construction, reconstruction, installation,
operation, maintenance, dismantling, testing, repair and use of a
private communications system in, upon, along, across, above, over,
under or in any manner connected with the streets, public ways or
public places within the corporate limits of the Township, as now
or in the future may exist.
B.
To provide the Township with compensation for occupation and use
of the Township's rights of way for a private communications system.
C.
To provide the Township with compensation for acquisition and maintenance
of Township's rights of way when used for commercial purposes.
D.
To provide the Township with compensation for the cost of regulation
imposed by this Part on a private communications system.
[Ord. 306, 2/2/1994, § 103; as amended by Ord.
306, Am. 1, 6/2/2001]
For the purposes of this Part and any license in accordance
herewith, the following terms, phrases, words and their derivations
shall have the meaning given herein unless otherwise specifically
provided in this Part, unless the context clearly indicates otherwise
or unless such meaning would be inconsistent with the manifest intent
of the Township.
A person who for a charge or payment of a fee receives, sends
or uses any communication signal or service.
The Federal Communications Commission or its legally appointed
successor.
The privilege granted by the Township by which the Township
authorizes a person to erect, construct, reconstruct, operate, dismantle,
test, use and maintain a private communications system that occupies
the streets, public ways or public places within the Township. Any
license issued in accordance herewith shall be a nonexclusive license.
The person or its legal successor in interest who is issued
a license or licenses in accordance with the provisions of this Part
for the erection, construction, reconstruction, operation, maintenance,
dismantling, testing, repair and use of a private communications system
in the Township.
Any communications equipment or facilities, not part of a
cable communications system franchised by the Township, that serves
no customer other than itself and in any manner is connected with
the streets, public ways or public places within the corporate limits
of the Township, as now or in the future may exist. It does not include
a telecommunications system which provides service to customers.
Any area established for vehicular or public access use or
the entire width between the boundary 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,
waterways, docks, overheads, rights of way and easements.
[Ord. 306, 2/2/1994, § 104]
All notices required to be given to the Township under any provision
of this Part shall be deemed served when delivered by hand in writing
to the Township Secretary.
[Ord. 306, 2/2/1994, § 105]
This Part shall not be construed to create or hold the Township
responsible or liable for any damage to persons or property by reason
of any inspection or reinspection authorized herein or failure to
inspect or reinspect, nor shall the issuance of any license nor the
approval or disapproval of any installation authorized herein constitute
any representation, guarantee or warranty of any kind by, nor create
any liability upon, the Township, or any official, agent or employee
thereof.
[Ord. 306, 2/2/1994, § 106]
1.
Any annual license issued by the Township in accordance herewith
shall be a nonexclusive license for this use of the streets, public
ways or public places within the Township as specified in the license
for the erection, construction, reconstruction, operation, maintenance,
dismantling, testing and use of a private communications system.
2.
Any license issued by the Township is renewable annually upon establishment
by the licensee to the satisfaction of the Township that the licensee
is in compliance with this Part, all applicable Federal, State and
local ordinances and regulations and the space occupied is not needed
for a public purpose.
[Ord. 306, 2/2/1994, § 107]
1.
Any license issued for a private communications system in accordance
herewith shall apply only to the location or locations stated on the
license or licenses.
2.
Nothing in this Part shall be construed as a representation, promise
or guarantee by the Township that any permit or other authorization
required under any Township law for the construction or installation
of a private communications system shall be issued or renewed.
[Ord. 306, 2/2/1994, § 108]
All technical standards governing construction, reconstruction,
installation, operation, testing, use, maintenance and dismantling
of a private communications system provided for herein shall be in
accordance with all applicable FCC and other Federal, State and local
laws and regulations including, but not limited to, the most recent
editions of the National Electrical Code and the National Electrical
Safety Code.
[Ord. 306, 2/2/1994, § 109]
The Township Secretary shall have the following powers and duties:
[Ord. 306, 2/2/1994, § 110]
1.
All persons submitting a request for a license to construct a private
communications system in accordance herewith shall file with their
request bonds solely for the protection of the Township with a surety
company or trust company or companies as surety or sureties in an
amount determined by the Township Secretary to protect the Township
from any and all damages or costs suffered or incurred by the Township
from any and all damages or costs including, but not limited to, attorney's
fees and costs of any action or proceeding, and including the full
amount of compensation, indemnification, cost of removal or abandonment
of any property or other costs which may be in default, up to the
full principal amount of such bond; and the condition shall be a continuing
obligation during the entire term of any license issued in accordance
herewith and thereafter until the licensee shall have satisfied in
full any and all obligations to the Township which arise out of or
pertain to the license for a private communications system.
2.
None of the provisions of this Section nor any bond accepted by the
Township pursuant hereto, nor any damages recovered by the Township
thereunder, shall be construed to excuse the faithful performance
by or limit the liability of the licensee under this Part of any license
issued in accordance herewith or for damages either to the full amount
of such bond or otherwise.
[Ord. 306, 2/2/1994, § 111; as amended by Ord.
306, Am. 1, 6/2/2001]
It shall be a term and condition of any license issued in accordance
herewith that as a part of the consideration supporting the issuance
of such license and the Township's permission thereby to occupy and
use the streets of the Township that the licensee shall pay each year
to the Township the following compensation and licensee fees. Such
compensation and license fees are directly related to the Township's
costs of maintaining and improving its streets.
A.
Any private communications systems shall pay compensation and license
fees in the amount of $1 per linear foot for each diameter inch or
less of underground conduit wire or each 0.250 diameter inch or less
of aerial wire per annum. In no event shall the fee be less than $250
per annum.
B.
Any cable communications system or part thereof located in the Township
right-of-way and not franchised by the Township shall obtain a license
under this Part. Such license shall be granted for the sole purpose
of providing cable television signals to customers located in an adjoining
municipality. The compensation and license fees stated in subsection
(A) shall apply.
[Ord. 306, 2/2/1994, § 112; as amended by Ord.
306, Am. 1, 6/2/2001]
1.
The annual compensation and license fee provided for in § 1-311(A)
shall be payable annually on or before February 1 of each calendar
year.
2.
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.
A.
All fee payments shall be subject to audit by the Township Auditor
and assessment or refund if the payment is found to be in error.
B.
In the event that such audit results in an assessment by and an additional
payment to the Township, such additional payment shall be subject
to interest at the rate of 6% per year and to a penalty of 6% per
year, which shall be due and payable immediately.
3.
Nothing in this Section shall be construed to limit the liability
of the licensee for all applicable Federal, State or local taxes.
[Ord. 306, 2/2/1994, § 113]
1.
The Township shall not at any time be liable for any injury or damage
occurring to any person or property from any cause whatsoever, including
damages from the Township's negligent omissions, if any, arising from
the use, operation or condition of the licensee's private communications
system.
2.
The licensee shall indemnify, save and hold harmless and defend the
Township from all liens; charges; claims including, but not limited
to, libel, slander, invasion of privacy and unauthorized use of any
trademark, trade name or service mark; demands; suits; actions, fines,
penalties; losses; costs including, but not limited to, reasonable
legal fees and court costs; judgments; injuries; liabilities or damages,
in law or equity, of any and every kind and nature whatsoever, including
damages caused by or arising out of any act of negligent omission
of the Township, its officers, servants, agents, employees or contractors,
or otherwise, arising out of or in any way connected with the installation,
operation, maintenance or condition of the licensee's private communications
system.
3.
The Township Secretary, in consultation with the Township Solicitor,
shall set the type and coverage of insurance required. In setting
the amount, the Secretary shall take into consideration the size and
location of the private communications system, the financial resources
of the licensee, risk involved to the Township and to the general
public as well as other salient factors.
[Ord. 306, 2/2/1994, § 114]
Nothing in this Part or in any license issued in accordance
herewith shall be construed as an abrogation by the Township of any
of its police powers.
[Ord. 306, 2/2/1994, § 115]
1.
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 licensee
shall first obtain the written approval of the Township. Applications
for such approval shall be made in the form prescribed by the Township.
2.
Upon obtaining such written approval, the licensee shall give the
Township 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.
3.
Any person who submits a request for a license in accordance herewith
shall include therein proposed agreements for the use of exiting 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, which agreements shall become effective on
the date of execution of the license issued in accordance herewith
in the event that such person is issued a license.
4.
It shall be unlawful for the licensee 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 (1) and (2) hereof. Violation of this Section shall subject the licensee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the Township.
5.
The licensee shall restore any street or sidewalk it has disturbed
in accordance with the provisions of Township ordinances, 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.
6.
The licensee shall, at its own cost and expense, protect, support,
temporarily disconnect [or] 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, tracks; vacation or relocation of streets
or any other type of structure or improvement of a public agency,
or any other type of improvement necessary for the public health,
safety or welfare.
7.
Nothing in this Part, or any license issued in accordance herewith,
shall be construed as authorizing the licensee to erect and maintain
new poles in areas serviced by existing poles.
8.
The licensee shall maintain all wires, conduits, cables and other
real and personal property and facilities in good condition, order
and repair.
9.
The licensee 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 to
the Township Secretary.
10.
The licensee shall comply with all rules and regulations issued by
the Township governing the construction and installation of private
communications systems. In addition:
A.
All aerial cables and wires shall be installed parallel with existing
telephone and electric utility wires.
B.
Multiple aerial configurations shall be in parallel arrangement and
bundled, in accordance with engineering and safety considerations.
C.
All underground installations shall be in the appropriate size and
type conduit or other enclosures approved by the Township.
D.
All installations shall be underground in those areas of the Township
where both telephone and electric utilities' facilities are underground
at the time of the installation of the licensee's private communications
system.
(1)
In areas where both telephone and electric utilities facilities
are above ground at the time of the installation of the licensee's
private communications system, the licensee may install its system
above ground on existing utility poles only, upon the condition that
at such time as those facilities are placed underground by the telephone
and electric utility companies, the licensee shall likewise place
its facilities underground at its sole cost and expense.
E.
The licensee, upon reasonable notice by the Township, shall temporarily
or permanently remove, adjust, raise or lower its facilities within
the right of way when the Township determines that such action is
needed for public use of the right of way including, but not limited
to, the passage of nonstandard vehicles.
F.
The licensee shall obtain the written permission of the owner, including
the Township, of any tree or other vegetation before it trims or prunes
the same.
[Ord. 306, 2/2/1994, § 116]
1.
The licensee shall not transfer or assign its interest in any license
issued in accordance herewith without the prior written authorization
of the Township Secretary. For purposes of this Section, a merger
or consolidation shall be deemed a transfer or assignment.
2.
Nothing in any approval by the Township Secretary authorizing any
transfer or assignment of any license issued in accordance herewith
shall be construed to waive or release any rights of the Township
in and to the streets, public ways and public places of the Township
or as a release of any of the Township's police powers.
[Ord. 306, 2/2/1994, § 117; as amended by Ord.
325, 7/3/1996]
1.
Any person, acting in his/her own behalf or on behalf of a firm,
corporation or other entity, who violates any provision of this Part
shall be civilly liable to the Township in the amount of $600, said
liability to be his/hers and/or that of the firm, corporation or other
entity. In each instance, the Township Secretary, Code Enforcement
Officer or police officer shall make a determination of violation
and notify the violator by first-class mail or personal service of
a copy of the civil citation in form adopted by resolution of the
Board of Supervisors.
2.
The person, firm, corporation or entity cited as a violator may pay
the amount of civil liability at a rate of 33% of the amount cited
if said payment is made and received by the Township within 10 days
of the date of the citation.
3.
In the instance of a continuing violation of this Part, each day
the violation is deemed to continue is, in and of itself, another
violation and shall constitute a separate liability in the same amount
as originally stated and may be cited as such in the same manner as
above set forth.
4.
The failure to pay the citation amount of the civil liability by
such discount date as stated above shall give cause for the Township
by its appropriate official or Solicitor to initiate a civil complaint
or complaints against the violator for collection of the civil liability,
interest, costs and attorney's fees.
