[Ord. 2015-13, 8/17/2015]
Unless the context specifically indicates otherwise, the meanings
of the terms used in this Part, whether or not capitalized, shall
be as follows:
Building, erection, or installation in, on or under a right-of-way.
It does not include maintenance or repair of equipment in a right-of-way
or a single line extension from equipment in the right-of-way. When
the construction activities include drilling, boring, driving or tunneling
or trenching under, across or through any improved right-of-way, all
work (including restoration as set forth in this Part) shall be done
in accordance with the standards and provisions set forth in 67 Pa.
Code § 459.8, as amended. Likewise, any aboveground construction
shall be in accordance with 67 Pa. Code § 459.9. All references
in the foregoing code sections to the "District Office," the "Department
of Transportation" or similar references shall be deemed to be references
to the Borough.
An interruption of service or a condition that poses a clear
and immediate danger to life or health or a significant loss of property.
The process by which a right-of-way is returned to a state
that is as good as or better than its condition before construction.
(See the reference to 67 Pa. Code § 459.8 under "construction"
above.)
A written authorization granted by the Borough to an applicant
for use of the public rights-of-way in the Borough for the laying
of pipes, sewers, drains, conduits, wires, cable, or other facilities
of any description, or for making connections therewith or repairs
thereto, or for the setting or planting of telegraph, telephone, trolley,
electric, light, antenna, or similar poles, or for repairs thereto,
or for any other purpose.
The surface and space in, on, above and below any real property
in which the Borough has an interest in law or in equity, including,
but not limited to, any public highway, street, watercourse, bridge,
park, green space, or any other place.
A facility used or to be used to provide telecommunications services and, where permitted by Chapter 27, Zoning, of the Code of the Borough of Doylestown, shall also include towers, cellular and wireless towers, facilities and equipment, as defined therein.
The services involving the transmission of video, data and/or
voice communications and/or content, both active and interactive,
and associated usage.
[Ord. 2015-13, 8/17/2015]
1.
Except for emergencies, it shall be unlawful for any person or persons,
partner, association or corporation (hereinafter, "person") to occupy
or obstruct any portion of a public highway, street, sidewalk, or
other right-of-way with equipment, facilities, supplies, goods, refuse,
debris, or other materials, or to allow the branches of trees, shrubs
or hedges overhanging or adjacent to the same to obstruct a clear
passage of not less than 14 feet above the traveled portion of the
highway or street, of not less than eight feet above the sidewalk,
or of not less than the full width of any highway or sidewalk, or
for any other purpose without first obtaining from the Borough a right-of-way
permit and complying with the requirements of the permit, this Part,
and all applicable federal, state and local laws and regulations.
2.
Whenever the exigencies of public health or safety require emergency
use of a right-of-way, and the procurement of a permit prior to such
use is impracticable, an application for a right-of-way permit must
be filed and the proper fee paid within 48 hours from the time when
the emergency use first commenced, and provided further that any person,
partnership, association or corporation conducting the emergency use
shall do so as though an application for a permit had been filed.
3.
Any obstruction of a public highway, street, sidewalk or other right-of-way
shall be removed promptly by the owner of such obstruction or by the
adjacent property owner whenever written notice to remove the same
is given by the Borough. If the owner fails to comply with such notice,
the Borough shall remove the obstruction and charge the cost thereof
to the owner. In default of prompt payment, the Borough may file a
municipal claim in the amount of such charges.
4.
To the extent not prohibited by law, every person who desires to
construct, install, or maintain a facility in the right-of-way must
agree to enter into a right-of-way use agreement with the Borough
as a prerequisite to the issuance of a right-of-way permit.
5.
To the extent not prohibited by law, every person who desires to
construct, install, or maintain a facility in a right-of-way located
in an Historic District, as defined by the Borough Code of Ordinances,
agrees to comply with the Doylestown Borough Community Design Standards
and to take the historic architectural aesthetics of the Borough's
Historic District into consideration when constructing, installing,
or maintaining such facility. Notwithstanding the above, it shall
be prohibited for any person to attach a telecommunications antenna
or other such equipment to any Doylestown Borough historic-style streetlighting.
[Ord. 2015-13, 8/17/2015]
1.
Application for a right-of-way permit shall be on a form prescribed
by the Borough and submitted to the Borough in triplicate.
2.
The application shall clearly state the purpose and location of the
proposed or actual physical use or occupation of a right-of-way.
3.
The application shall provide a description of the facilities to
be installed, work to be performed, or the use of the right-of-way;
specific information regarding the equipment to be placed or currently
maintained in the right-of-way; and whether the equipment will or
does have a detrimental effect on public safety as it relates to the
right-of-way. The Borough may require such additional information
as is necessary to enable it to make a determination regarding the
physical use and occupation of the right-of-way by the applicant.
4.
The applicant shall agree to assume all liabilities for all or any
damage to persons or property accruing to the public or to the Borough
which may or might result from the occupying of a public highway,
street, sidewalk or other right-of-way.
5.
The application must be signed by a person or by an authorized agent
or officer of a partnership, association or corporation, who shall
have filed with the Borough financial security as shall be approved
by the Borough Solicitor to save harmless the Borough from any and
all damages to person or property accruing by reason of the work for
which a permit may be issued, and who also shall have filed with the
Borough a certificate showing that liability insurance is carried
in the amount of $1,000,000.
6.
The applicant for a right-of-way permit shall have applied for any and all other regulatory approvals, permits or authorizations from the appropriate federal, state and local authorities, if required. This includes, but is not limited to, applications for a permit to excavate or open a sidewalk or street under Chapter 21, Part 1, of the Borough Code of Ordinances, and application for telecommunications tower or antenna under Chapter 27, Part 6, of the Borough Code of Ordinances. The applicant shall submit written evidence of its receipt of all such approvals, permits or authorizations.
7.
Nothing in this Part shall be construed as a waiver of any ordinances or regulations of the Borough or the Borough's right to require prospective or current right-of-way permit holders to secure and remit payment for any and all required permits or authorizations. Nothing herein shall be construed as permission or authorization to establish a telecommunications facility in any right-of-way in contravention of the provisions of Chapter 27, Zoning.
[Ord. 2015-13, 8/17/2015]
1.
Upon submission of all required application information, the Borough
shall review such information as follows:
A.
For new applicants, the Borough shall grant or deny applications
within 30 days. The Borough may impose conditions on the permit regulating
the times, locations, and manner of work or construction to preserve
public safety.
B.
For existing permit holders in good standing applying for renewal
of a permit, the Borough shall grant or deny such applications within
15 days. The Borough may impose conditions on the permit regulating
the times, locations, and manner of work or construction to preserve
public safety.
2.
The Borough shall review applications to determine whether a use
would have a detrimental effect on public safety as it relates to
a right-of-way or would place an undue physical burden on a right-of-way.
3.
In considering an application, the Borough may use such outside experts
as it deems necessary. In the event the Borough deems it necessary
to employ an outside expert with respect to a particular application,
the reasonable cost of such expert shall be borne by the applicant.
4.
By the acceptance of a right-of-way permit, the applicant agrees
to assume any and all liability for all or any damages to person or
property accruing to the public or to the Borough which may or might
result from the opening or excavation.
5.
The issuance of a right-of-way permit for the laying of pipe, conduit,
cable, wire, or other facility, or the erection of telegraph, telephone,
trolley, electric, light, antenna, or similar poles, shall constitute
an agreement on the part of the applicant that it will at any time
thereafter, upon notice from the Borough, at its own expense, make
such change in location or construction of such facility as may be
required.
6.
The applicant agrees to file, upon completion of the work, as-built
plans in a form acceptable to the Borough Engineer.
[Ord. 2015-13, 8/17/2015]
1.
With the exception of temporary occupations or permits associated
with street openings of limited duration, a right-of-way permit shall
be issued for a period of one year. Permit holders shall apply for
a renewal of a right-of-way permit at least 30 days prior to its expiration.
2.
The term of a right-of-way permit issued for a temporary occupation
shall be established by the Borough based on the applicant's
requested duration as expressed in the application.
3.
The term of a right-of-way permit issued in conjunction with a street
opening permit shall run with the term of the street opening permit.
4.
The Borough may suspend a 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 Borough property or
the right-of-way without the prior consent of the Borough (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 health, safety or welfare as
it relates to the right-of-way.
C.
The permit holder failed to pay any of the fees required under this
Part.
D.
The permit holder failed to comply with design or construction standards.
E.
The permit holder failed to indemnify, hold harmless and insure the
Borough in accordance with the provisions contained in this Part.
5.
If the Borough has reason to believe that a permit holder has failed
to comply with a permit or this Part, it shall notify the permit holder
in writing. The permit holder shall have 30 days to cure the violation,
unless the Borough reasonably determines that there is a threat to
public safety as a result of noncompliance, in which case the Borough
may impose a shorter time period to cure the violation.
6.
If a permit holder fails to cure a violation within the specified
time period, the Borough shall be permitted to immediately suspend
the right-of-way permit. The permit holder shall be provided an opportunity
to be heard at the next scheduled meeting of the Borough Council.
[Ord. 2015-13, 8/17/2015]
1.
Each new applicant for a right-of-way permit shall include with its
application an application fee. This fee shall be directly related
to the Borough's costs in reviewing the application (excluding
expert costs) and managing the rights-of-way with respect to each
permit holder. Such costs in 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 right-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 permit 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 a right-of-way
permit shall include with its application an annual fee. 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.
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 Borough as a result
of the permit holder's use of the rights-of-way, provided that
the Borough notifies the permit holder of the expected expenses prior
to them being incurred and provides the permit holder with an 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 Borough's actual
costs.
4.
No additional fee is required for a limited-duration right-of-way
permit when the application is filed in conjunction with an application
for a street opening permit and the applicable fees for the street
opening permit are paid.
[Ord. 2015-13, 8/17/2015]
1.
The Borough shall have the right to limit activity and the placement
of new or additional equipment, materials, or facilities in a right-of-way
if there is insufficient space to reasonably accommodate all requests
to occupy and use the right-of-way.
2.
The Borough shall consider requests for occupying and using a right-of-way
in the order of receipt of fully completed applications for right-of-way
permits.
3.
The Borough 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 health, safety or welfare as it relates to the right-of-way.
4.
The Borough shall have the right, but not the obligation, to monitor
any equipment or activity located in a right-of-way.
5.
A permit holder shall allow the Borough to make inspections of any
part of the permit holder's equipment, material, or facilities
located in a right-of-way at any time upon three days' notice
or, in case of an emergency, upon demand.
6.
The Borough shall have the right to prohibit a permit holder from
attaching any telecommunications antenna or other such equipment to
any Doylestown Borough historic-style streetlighting.
[Ord. 2015-13, 8/17/2015]
1.
Before commencing any work in a public right-of-way, a permit holder
shall fully comply by registering with Pennsylvania's One Call
System pursuant to 73 P.S. § 176 et seq., as may be amended
from time to time.
2.
Each permit holder shall use the public right-of-way in a manner
consistent and in compliance with the application it submitted to
the Borough and all applicable federal, state and local laws and regulations.
3.
All occupation of or activity in a public right-of-way must be properly
marked by barricades and flashing amber lights so placed as to indicate
from the roadway in both directions the exact location and limits
of said occupation or activity and at all times must be properly guarded.
Permit holders are responsible for maintaining safe conditions in
and around the area of occupation in a public right-of-way and in
areas of related activity. The permit holder shall comply with all
applicable safety standards, including OSHA, and employ appropriate
plans, means and methods, such as barricades, warning lights, fences,
flaggers, etc., to maintain and protect pedestrian and vehicular traffic.
4.
Whenever a permit holder damages a public right-of-way or Borough
property in the right-of-way, the permit holder shall restore such
right-of-way or property within a period of 30 days.
5.
A permit holder's use of the right-of-way shall not endanger
or interfere with the health, safety or welfare of persons or property
within the Borough.
6.
All operating, maintenance, construction and repair personnel shall
be thoroughly trained in the safe use of all equipment and materials
and in the safe operation of vehicles. Such personnel shall follow
all safety procedures required by applicable federal, state and local
laws and regulations.
7.
The permit holder shall routinely inspect and maintain all work areas
and those portions of a right-of-way that it may occupy or obstruct
so that conditions that could develop into safety hazards are corrected
before they become a hazard.
8.
Except in the case of an emergency, at least seven days prior to
the commencement of any use of a right-of-way, a permit holder shall
notify nearby residents of such use in a manner which is satisfactory
to the Borough. The name of the permit holder shall be clearly disclosed
to such residents.
9.
All facilities shall be installed, where possible, parallel with
existing sewer, water, gas, electric, telephone, cable and other utility
lines.
10.
Whenever a permit holder shall cause damage to the right-of-way or
to the Borough's property in the right-of-way, the permit holder
shall restore such right-of-way or property within 30 days, weather
permitting.
[Ord. 2015-13, 8/17/2015]
1.
The Borough shall not be responsible for the repair or replacement
of any mailbox placed within any public highway, street, sidewalk
or other right-of-way. However, to alleviate the possibility of damage
due to snowplowing and vehicular traffic, the following guidelines
must be complied with:
A.
Mailboxes must be erected so that the front of curbside boxes is
set back 12 inches from the face of the concrete curb. The structure
supporting the box must not encroach on this setback distance.
B.
The bottom of a mailbox must be between 42 inches and 48 inches above
the finished road surface.
C.
Mailboxes and the standards or posts upon which they are erected
must be designed and installed to withstand the impact of snow hurled
from a passing snowplow.
2.
Mailboxes shall not overhang a public sidewalk.
[Ord. 2015-13, 8/17/2015]
1.
All telegraph, telephone, trolley, electric, light, antenna or similar
poles erected within the boundaries of any public highway, street
or other right-of-way shall be lettered or stenciled with the initials
of the owners or with some other designation of ownership, together
with a number for the same. A complete record showing the location
and number of each pole shall be filed by the owner or owners of said
poles with the Borough annually on or before July 1.
2.
The filing of an application and the issuance of a permit for the
erection of a telegraph, telephone, trolley, electric, light, antenna
or similar pole shall constitute an agreement on the part of the applicant
that it will at any time thereafter, upon notice from the Borough,
at its own expense, make such change in location or construction of
such pole as may be required.
[Ord. 2015-13, 8/17/2015]
1.
A permit holder shall, at its sole cost and expense, indemnify and
hold harmless the Borough and 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 a right-of-way.
2.
A permit holder shall defend any actions or proceedings against the
Borough in which it is claimed that personal injury, including death,
or property damage was caused by the permit holder's use or occupancy
of a right-of-way.
3.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, attorneys' fees, reasonable expert fees,
court costs and all other costs of indemnification.
4.
A permit holder shall not be required to indemnify and hold the Borough
harmless for claims caused by the Borough's negligence, gross
negligence or willful misconduct.
[Ord. 2015-13, 8/17/2015]
1.
A permit holder shall, at all times during the life of a right-of-way
permit, carry and require its subcontractors to carry liability, property
damage, workers' disability, and vehicle insurance in such form
and amount as shall be determined by the Borough as set forth in the
permit. A permit holder shall name the Borough as an additional insured
on its liability insurance policies.
2.
All required insurance coverage shall provide for 30 days' notice
to the Borough in the event of material alteration or cancellation
of such coverage prior to the effective date of such material alteration
or cancellation.
[Ord. 2015-13, 8/17/2015]
1.
A permit holder shall annually provide the Borough, upon application
for renewal of the permit, or upon request, the current maps of the
horizontal and vertical locations of its existing facilities and a
summary of all additions and deletions of equipment in a right-of-way,
unless no changes have occurred in the previous year. If no changes
have occurred in the previous year, the permit holder shall so inform
the Borough.
2.
A permit holder shall submit to the Borough such reasonable information
directly related to the permit holder's use and occupation of
the rights-of-way as the Borough may request.
[Ord. 2015-13, 8/17/2015]
1.
A right-of-way permit may be transferred or assigned, upon 30 days'
prior written notice to the Borough, provided that the transferee/assignee
agrees, in writing, to comply with all the obligations and requirements
contained in this Part.
2.
Notwithstanding the foregoing, nothing in this Part shall create
or be construed as granting any applicant or permit holder any interest
in real property, nor shall the issuance of any permit be so construed.
[Ord. 2015-13, 8/17/2015]
A permit holder may be required to obtain a performance bond
in a reasonable amount set by the Borough based on the cost of the
use or occupancy of a right-of-way and the extent of the disturbance
of such right-of-way. The performance bond shall ensure the permit
holder's faithful performance of its construction, maintenance,
and safety obligations. The Borough may reduce or cancel the bond
requirement when construction is completed.
[Ord. 2015-13, 8/17/2015]
In addition to all other rights and powers reserved by the Borough,
the Borough reserves the right to terminate a permit and all rights
and privileges of a permit holder for any of the following reasons:
1.
A permit holder fails, after 30 days' prior written notice,
to comply with any of the material provisions of the permit or this
Part.
2.
A permit holder becomes insolvent, unable or unwilling to pay its
debts, or is adjudged bankrupt.
3.
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 holder
within 90 days from such sale.
4.
A permit holder attempts to or does practice any fraud or deceit
in its conduct or relations with the Borough under the permit.
5.
The Borough condemns all of the property of a permit holder within
the Borough by the lawful exercise of eminent domain.
6.
The permit holder abandons its facilities.
[Ord. 2015-13, 8/17/2015]
1.
Upon expiration or termination of a permit, if the permit is not
renewed, the permit holder shall, upon 30 days' prior written
notice to the permit holder, remove its facilities from all occupied
rights-of-way and shall restore said areas.
2.
If required removal is not completed within six months of notice
to do so, the Borough may deem any property not removed as abandoned,
and the Borough may remove it at the former permit holder's expense.
3.
In the event a permit holder installed and/or operated any underground
conduit or pipe which is six inches or more in diameter, the permit
holder shall fill said conduit or pipe with material in a manner satisfactory
to the Borough.
4.
During the term of the permit, if a permit holder decides to abandon
or no longer use all or part of its facilities, it shall provide the
Borough with written notice of its decision at least 30 days prior
to such decision, which notice shall describe the equipment and its
location.
5.
The Borough shall have the right to require a permit holder to remove
the facilities upon 60 days' prior written notice to the permit
holder. If such removal is not completed within six months of such
notice, the Borough may remove it at the permit holder's expense.
[Ord. 2015-13, 8/17/2015]
1.
Any person, partnership, association or corporation who shall violate
any of the provisions of this Part, or who shall fail to comply with
the conditions or requirements of any permit granted in accordance
with the provisions of this Part, shall, upon conviction thereof,
be liable to pay a fine or penalty not exceeding $1,000 for each and
every offense.
2.
A new and separate offense shall be deemed to have been committed
for each day that a violation exists.
3.
All fines and penalties imposed by this Part are recoverable by summary
proceedings before any District Justice in the Borough, and all suits
or actions at law instituted for the recovery thereof are to be in
the name and for the use of the Borough.
