[Ord. 371, 6/20/2001, § 1]
Unless the text specifically indicates otherwise, the meaning
of the terms used in this Part shall be as follows:
The person who has applied for a right-of-way permit or a
construction permit.
The form prescribed by the Township which the applicant must
complete to obtain a right-of-way permit.
The building, erection or installation in, on or under a
right-of-way. It does not include maintenance or repair of equipment
in a right-of-way or single line extension from equipment in the right-of-way.
The document that must be obtained before a person may perform
construction in a right-of-way.
An interruption of service or a condition that poses a clear
and immediate danger to life or health or significant loss of property.
Any tangible property located or proposed to be located in
a right-of-way including, but not limited to, wires, lines, cables,
conduits, pipes, supporting structures or other facilities.
In conjunction with right-of-way means over, above, in, within,
on or under a right-of-way.
Work of a minor nature that will keep an existing condition
from failure or decline.
The person obtaining a right-of-way permit.
Any individual, firm, partnership, association, corporation,
company or other business entity.
The surface and space in, on, above and below any real property
in which the Township has an interest in law or in equity including,
but not limited to, any public street, boulevard, avenue, road, highway,
easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel,
viaduct, bridge, park, green space or any other place.
The process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
A written authorization granted by the Township to an applicant
for use of the rights-of-way in the Township for wires, lines, cables,
conduits, pipes, supporting structures and other facilities.
The services offered to customers involving the transmission
of video, data and/or voice communications and/or content, both active
and interactive, and associated usage.
A system used or to be used to provide telecommunications
services. It does not include a private communication system which
serves no customers other than itself. [Township Ord. 306]
All equipment that is located wholly or partially underneath
a right-of-way.
[Ord. 371, 6/20/2001, § 2]
1.
No person shall enter upon or occupy any right-of-way for the purposes
of installing, constructing, maintaining or operating a telecommunications
system without first having obtained a right-of-way permit. Any person
maintaining or operating a telecommunications system as of the effective
date of this Part shall also obtain a right-of-way permit.
2.
Before a right-of-way permit is issued, the holder of or applicant
for a right-of-way permit shall have applied for any and all regulatory
approvals, permits or authorizations from the appropriate Federal
and State authorities, if required. Upon the request of the Township,
the applicant shall submit written evidence of its applications for
or receipt of all such approvals, permits or authorizations.
3.
Nothing in this Part shall be construed as a waiver of any ordinances
or regulations of the Township of the Township's right to require
prospective or current right-of-way permit holders to secure and remit
payment for any and all required permits of authorization.
[Ord. 371, 6/20/2001, § 3]
1.
A right-of-way permit shall only be granted after an applicant has
completed an application in the form that has been prescribed by the
Township, which form may be revised from time to time. Upon request,
an applicant shall be provided with a copy of the then current application
for a right-of-way permit. The application shall request information
regarding the applicant's proposed or actual physical use and occupation
of the right-of-way. Specifically, the application shall request:
A.
A brief description of the telecommunications service or services
to be offered or provided in or through the Township.
B.
Specific information regarding the equipment it proposes to place
or currently maintains in the right-of-way.
C.
The expected physical burden that such equipment will place or does
place on the right-of-way.
D.
Whether the equipment will or does have a detrimental effect on public
safety as it relates to rights-of-way. If the completed application
does not fully provide such requested information, the Township may
request such additional information as is necessary to enable it to
make a determination regarding the physical use and occupation of
the rights-of-way by the applicant. The application may request less
information from a permit holder applying for renewal of a right-of-way
permit.
2.
Upon submission of a fully completed application to the Township
and the accompanying fee, the Township shall review the application
as follows. The Township shall grant or deny such applications within
45 days. If the Township fail to grant or reject such application
within the time period specified above, the application shall be deemed
approved. In each case, the Township shall review the application
to determine whether such use would have a detrimental effect on public
safety as it relates to the rights-of-way or would place an undue
physical burden on the rights-of-way.
3.
In considering an application, the Township may use such outside
experts as it deems necessary. In the event the Township deems it
necessary to employ an outside expert to advise the Township with
respect to a particular application, the reasonable costs of such
expert shall be borne by the applicant.
[Ord. 371, 6/20/2001, § 4]
1.
The right-of-way permit shall be issued for a period of one year.
Permit holders may apply for a renewal of a right-of-way permit prior
to its expiration. The Township may suspend such right-of-way permit
in the event any one or more of the following has occurred:
A.
The permit holder shall have caused damage to Township property or
the right-of-way without the prior consent of the Township (except
in the case of an emergency) and without completing proper restoration.
B.
The permit holder or the permit holder's equipment in the right-of-way
has had a detrimental effect on public safety as it relates to the
rights-of-way.
C.
The permit holder failed to pay any of the fees required under this
Part.
2.
If the Township has reason to believe that one or more of the above
events has occurred, it shall notify the permit holder in writing.
The permit holder 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.
3.
If the permit holder fails to cure the violation within the specified
time period, the Township shall be permitted to immediately suspend
the right-of-way permit. A suspension shall be brought to the attention
of the Township Board of Supervisors at its next meeting at which
time Township Board of Supervisors shall be permitted to uphold or
withdraw the suspension. The permit holder shall be provided an opportunity
to be heard at such meeting.
[Ord. 371, 6/20/2001, § 5]
1.
Except in the case of an emergency, before commencing any construction
in the right-of-way, a person shall submit to the Township detailed
plans of the proposed construction activity. Such plans shall include
the type of construction activity, the equipment proposed to be installed
or erected, the specific locations of the construction activity and
the scheduled beginning and ending dates of all planned construction.
Such plans shall also include the name(s), address(es) and experience
of any and all subcontractors whom applicant intends to utilize. Such
information may be submitted concurrently with an application for
a right-of-way permit.
2.
Upon submission of all such information required in Subsection (1) above, the Township shall review such information and either grant or deny a construction permit within 45 days. If the Township fails to grant or deny the construction permit within such time period, the permit shall be deemed granted. In each such case, the Township shall review the information provided herein to determine whether such construction would have a detrimental impact on public safety as it relates to the rights-of-way. The Township may impose conditions on the construction permit regulating the times, locations and manner of construction to preserve effective traffic flow, prevent hazardous road and/or minimize noise impacts.
[Ord. 371, 6/20/2001, § 6]
1.
Each new applicant for a right-of-way permit shall include with its
application fee in the amount of $500. This fee is directly related
to the Township's cost in reviewing the application (excluding expert
costs) and managing the rights-of-way with respect to each permit
holder. Such costs is managing the rights-of-way include, but are
not limited to, inspection costs, administrative costs, costs of maintaining
the rights-of-way and costs of degradation of streets and rights-of-way
property. This fee will not be refunded in the event the application
is denied. If the application is granted the application fee will
apply to the full term of the right-of-way of one year. If the applicant
applies for a construction permit concurrently with the application
for a right-of-way permit, then the application fee contained herein
shall apply to both the right-of-way permit and the construction permit.
2.
Each existing permit holder applying for a renewal of its right-of-way
permit shall include with its application an annual fee in the amount
of $300. This fee is directly related to the Township's costs in managing
the rights-of-way with respect to each permit holder. Such costs include,
but are not limited to, inspection costs, administrative costs, costs
of maintaining the rights-of-way and costs of degradation of streets
and right-of-way property.
3.
Each applicant for a construction permit shall include with its application
an application fee in the amount of $200. This fee is directly related
to the Township's costs in reviewing the application and determining
time, place and manner restrictions on the construction activity.
If the application for a construction permit is denied, this fee shall
not be refunded. If the application is granted, then the applicant
shall pay, within 30 days of the presentation of a statement, the
Township's actual costs based on the hourly rate established by resolution
of the Township Board of Supervisors. Such actual costs include, but
are not limited to, costs of disruption and rerouting of traffic,
inspection costs and administrative costs.
4.
Extraordinary Expenses. In addition to the fees set forth above,
a permit holder shall pay, within 30 days of the presentation of a
statement, any extraordinary or unusual expenses reasonably incurred
by the Township as a result of the permit holder's use of the rights-of-way,
provided that the Township notifies the permit holder of the expected
expenses prior to the being incurred and provides the permit holder
with and opportunity to mitigate such expenses. Examples of extraordinary
or unusual costs include, but are not limited to, the cost of obtaining
and operating a backhoe, dump truck or other heavy equipment used
to repair the right-of-way, overtime or special pay for police officers
or other emergency services. The statement of such expenses presented
to the permit holder shall be directly related to the Township's actual
costs.
5.
In the event that payment of any of the fees identified above is
not made upon submission of the application or by the date due, the
applicant or permit holder shall pay a late payment penalty of simple
interest at 10% annual percentage rate of the total amount past due.
Such penalty shall be in lieu of any other monetary penalty. Acceptance
of payment under this Section shall not in any way limit or waive
the Township's right to suspend or terminate the permit according
to the terms of this Part.
6.
For applications
for "small wireless facilities" as that term is defined in the FCC
Declaratory Ruling and Third Report and Order, WT Docket 17-79, WC
Docket 17-18, adopted September 26, 2018, released September 27, 2018
(hereinafter also referred to as "small cells"), the following shall
apply in lieu of any other provisions herein to the contrary:
[Added at time of adoption of Code (see Ch. AO)]
A.
The following
nonrefundable fees shall accompany the application:
(1)
Small cells: $500 for a single up-front application that includes
up to five small wireless facilities, with an additional $100 for
each small wireless facility beyond five, or $1,000 for a new tower
intended to support one or more small wireless facilities, said fees
to cover both zoning and building safety code approvals.
[Ord. 371, 6/20/2001, § 7]
1.
The Township shall have the right to limit the placement of new or
additional equipment in the right-of-way if there is insufficient
space to reasonably accommodate all requests to occupy and use the
rights-of-way. The Township shall consider requests for occupying
and using the rights-of-way. The Township shall consider requests
for occupying and using the rights-of-way in the order of receipt
of fully completed applications for rights-of-way permits. The Township
shall strive, to the extent possible, to accommodate all requests,
but shall be guided by the physical condition of the right-of-way
and whether such use would have a detrimental effect on public safety
as it relates to the right-of-way.
2.
The Township shall have the right to monitor the telecommunications
systems and the equipment related thereto located in the rights-of-way
in order to prevent interference between and among such systems and
equipment.
3.
A permit holder shall allow the Township to make inspections of any
part of the permit holder's telecommunications system located in the
rights-of-way at any time upon three days notice or, in the case of
an emergency, upon demand.
[Ord. 371, 6/20/2001, § 8]
1.
Whenever a permit holder or any of its subcontractors shall disturb
any pavement, sidewalk or other public property in order to perform
any underground activities, the permit holder will fully comply by
registering with Pennsylvania's "One Call" system pursuant to 73 P.S.
§ 176 et seq. Such permit holder shall provide Township
with GPS information showing planned locations and reference points
for equipment to be installed. Each permit holder shall perform construction
activity in a manner consistent and in compliance with the detailed
plans it submitted to the Township and all applicable Federal, State
and local laws and regulations.
2.
Whenever a permit holder or any of its subcontractors shall cause
damage to the right-of-way or to Township property in the right-of-way,
the permit holder shall restore such right-of-way or property within
30 days, weather permitting.
3.
The telecommunications system shall not endanger or interfere with
the safety of person or property within the Township. All operating,
maintenance, construction and repair personnel shall be thoroughly
trained in the safe use of all equipment and in the safe operation
of vehicles. Such personnel shall follow all safety procedures required
by applicable Federal, State and local laws and regulations. The permit
holder shall routinely inspect and maintain all areas of the telecommunications
system so that conditions that could develop into safety hazards shall
be corrected before they become a hazard.
4.
Except in the case of an emergency, at least three days prior to
the commencement of any construction activity, permit holder shall
notify nearby residents of such construction activity in a manner
which is satisfactory to the Township. The name of the permit holder
shall be clearly disclosed to such residence.
5.
All construction activity shall be performed in an orderly and workmanlike
manner and in close coordination with public utilities serving the
Township following accepted industry construction procedures and practices.
6.
All wire, cables and other equipment shall be installed, where possible,
parallel with electric and telephone lines and multiple cable configurations
shall be arranged in parallel and bundles with due respect for engineering
considerations.
7.
All wires, cables and other equipment shall be installed underground
where required by Township ordinance or regulation consistent with
the same requirement being imposed on all other similar situated companies,
including public utilities.
8.
Any tower-based
WCF shall be located at, or as close to as practicable to, the point
where a side lot line intersects with a street right-of-way line.
The requirement of this Subsection is subject to waiver by the Zoning
Officer where such a side lot point is undesirable because of visual
impact, proximity to a driveway, or other good cause.
[Added at time of adoption of Code (see Ch. AO)]
9.
Design
Regulations for Wireless Communications Facility ("WCF").
[Added at time of adoption of Code (see Ch. AO)]
A.
The WCF
shall employ the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimise
aesthetic impact.
B.
Tower-based
WCFs in the public ROW shall not exceed 45 feet.
C.
Any height
extensions to an existing tower-based WCF shall require prior approval
of the Township and shall not increase the overall height of the tower-based
WCF to more than 45 feet.
D.
WCF installations
located above the surface grade in the public ROW, including, but
not limited to, those on streetlights and joint utility poles, shall
consist of equipment components that are not more than six feet in
height and that are compatible in scale and proportion to the structures
upon which they are mounted. All equipment shall be the smallest and
least visibly intrusive equipment feasible.
E.
Antennas
and all support equipment shall be treated to match the supporting
structure. WCFs and accompanying equipment shall be painted or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
F.
Ground-mounted
equipment that cannot be undergrounded shall be screened, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Township.
[Ord. 371, 6/20/2001, § 9]
1.
A permit holder shall at its sole cost and expense indemnify and
hold harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death and property damage arising out of the permit holder's
use or occupancy of the rights-of-way. A permit holder shall defend
any action or proceedings against the Township in which it is claimed
that personal injury, including death or property damage was caused
by the permit holder's use or occupancy of the rights-of-way. The
obligation to indemnify, hold harmless and defend shall include, but
not be limited to, the obligation to pay judgments, injuries, liabilities,
damages, attorney fees, reasonable expert fees, court costs and all
other costs of indemnification. A permit holder shall not be required
to indemnify and hold the Township harmless for claims caused by the
Township's negligence, gross negligence or willful misconduct.
2.
A permit holder shall at all times during the life of a permit carry
and require its subcontractors to carry liability, property damage,
worker's disability and vehicle insurance in such form and amount
as shall be determined by the Township as set forth in the permit.
A permit holder shall name the Township as an additional insured on
its liability insurance policies. All required insurance coverage
shall provide for 30 days 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.
[Ord. 371, 6/20/2001, § 10]
1.
A permit holder shall annually provide the Township, upon application
for renewal of the permit or upon request, the current maps of the
horizontal and vertical locations of its existing installations and
a summary of all additions and deletions or equipment in the rights-of-way,
unless no changes have occurred in the previous year. If no charges
have occurred in the previous year, permit holder shall so inform
the Township.
2.
A permit holder shall submit to the Township such reasonable information
directly related to the permit holder's use and occupation of the
rights-of-way as the Township may request. All information provided
to the Township shall be maintained by the Township as proprietary
and confidential if such information is designated in good faith as
such prior to the time it is provided to the Township.
[Ord. 371, 6/20/2001, § 11]
A right-of-way permit may be transferred or assigned, upon 30
days written notice of the Township, provided that the transferee/assignee
agrees in writing to comply with all of the obligations and requirements
contained in this Part.
[Ord. 371, 6/20/2001, § 12]
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Township based
upon the construction cost of the equipment to be installed in the
rights-of-way and the extent of the disturbance of such rights-of-way.
The performance bond shall ensure the permit holder's faithful performance
of its construction obligations. The Township may reduce or cancel
the bond requirement when construction is completed.
[Ord. 371, 6/20/2001, § 13]
1.
In addition to all other rights and powers reserved by the Township,
the Township reserves the right to terminate a permit and all rights
and privileges of a permit holder for any of the following reasons:
A.
A permit holder fails, after 30 days prior written notice, to comply
with any of the material provisions of the permit or this Part.
B.
A permit holder becomes insolvent, unable or unwilling to pay its
debts or is adjudged bankrupt.
C.
All or part of a permit holder's facilities are sold under an instrument
to secure a debt and are not redeemed by the permit holders within
90 days from such sale.
D.
A permit holder attempts to do or does practice any fraud or deceit
in its conduct or relations with the Township under the permit.
E.
The Township condemns all of the property of a permit holder within
the Township by the lawful exercise of eminent domain.
F.
The permit holder abandons the telecommunications system.
2.
No termination shall be effective unless and until the Township Board
of Supervisors 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 notice to permit holder
and an opportunity for the permit holder to be heard before the Board
on the proposed resolution.
[Ord. 371, 6/20/2001, § 14]
1.
Upon expiration or termination of the permit, if the permit is not
renewed, the permit holder shall, upon 60 days prior written notice
to the permit holder, remove its equipment from the rights-of-way
and shall restore said areas. If such removal is not completed within
six months of such notice, the Township may deem any property not
removed as abandoned and the Township may remove it at the former
permit holder's expense. In the event that the permit holder installed
and/or operated any underground conduit or pipe which is six inches
or more in diameter, permit holder shall fill said conduit or pipe
with material in a manner satisfactory to Township.
2.
During the term of the permit, if the permit holder decides to abandon
or no longer use all of its telecommunications system, it shall provide
the Township with written notice of its decision at least 30 days
prior to such decision, which notice shall describe the equipment
and its location. Township shall have the right to require the permit
holder to remove the equipment upon 60 days prior written notice to
the permit holder. If such removal is not completed within six months
of such notice, Township may remove it at the permit holder's expense.
[Ord. 371, 6/20/2001, § 15]
If the Township has reason to believe that the permit holder
violated any of the terms of this Part, it shall notify the permit
holder in writing of the nature of the violation and the Section of
this Part which it believes has been violated. The permit holder shall
have 20 business days to cure the violation. If the nature of the
violation is such that it cannot be fully cured within such time period
the Township may, in its reasonable judgment, extend the time period
to cure. If the violation has not been cured within the time allowed,
it shall be subsequently punishable by a fine of up to $100 per day
until the violation is cured.
[Ord. 371, 6/20/2001, § 16]
The Township, by granting any permit under this Part, does not
waive, lessen, impair or surrender the lawful police powers vested
in the Township under applicable Federal, State and local laws pertaining
to regulations or use of the rights-of-way.
