[Ord. 72, 3/14/1963, § 1]
Permission is hereby granted, on the conditions herein set forth,
to every telephone company, power company, light company, telegraph
company, and television transmission company duly authorized to do
business in the Commonwealth of Pennsylvania, to erect, construct,
and maintain such posts, poles, booths, telephones, conduits, ducts,
pipes, mains, manholes, cables, wires, and all other overhead or underground
apparatus and appliances necessary or convenient to the operation
of such company's business on, over, under and through the official
streets and public thoroughfares of the said Township of Salisbury,
within the limits of said Township, and to use the property of other
companies for such purposes and permit other companies to use its
property for such purposes upon such arrangements as the two companies
may mutually agree.
[Ord. 72, 3/14/1963, § 2]
All poles erected by any company under the terms of this Part
3 shall extend not less than 20 feet above the surface of the ground,
and shall be so located as to in no way interfere with the safety
or convenience of persons traveling on or over the said official streets,
highways, and public thoroughfares in the Township. In the installation
and maintenance of any underground facility under the terms of this
Part 3, no more of any street, highway, or public thoroughfare shall
be opened or encumbered than is necessary for the efficient construction
and maintenance of such underground facility.
[Ord. 72, 3/14/1963, § 3]
Whenever any company desires to erect, lay down or construct
any booths, poles, conduits, manholes, or other facility under the
terms of this Part 3, it shall first present a plan or plans showing
the location, number and size thereof to the Township Secretary, who
is hereby authorized and empowered for and on behalf of the Board
of Township Commissioners to approve or disapprove the proposed work
as to location and safety. Said plan or plans, or copies thereof,
with the Secretary's approval endorsed thereon, shall be filed
with the Township Secretary and the Secretary shall issue to the applicant
company a permit authorizing the work before any work shown thereon
is started. If the Township Secretary disapproves any plan or plans,
he shall designate thereon, by the use of appropriate words or marks,
or both, some other location suitable for the purposes of the applicant
company. In the absence of the Township Secretary, the duties and
powers herein conferred upon him shall be performed and exercised
by the Assistant Township Secretary.
[Ord. 72, 3/14/1963, § 4]
The applicant shall pay to the Township a permit fee, as established
from time to time by the Board of Commissioners, for each permit issued
under this Part 3. In the case of posts, poles, booths or other above-ground
apparatus, the applicant company shall, in addition to the permit
fee, pay an occupancy fee, as established from time to time by the
Board of Supervisors, for each post, pole, booth or other item of
above-ground apparatus covered by the permit. In the case of manholes,
conduits, or other underground facilities, the applicant company shall,
in addition to the permit fee, pay an occupancy fee, as established
from time to time by the Board of Commissioners.
[Ord. 72, 3/14/1963, § 5]
All excavations in any street, highway or public thoroughfare made in connection with the construction or erection of any post, pole, apparatus or other facility under this Part 3 shall be made, back-filled, and maintained in strict compliance with Part 1 of this Chapter 21. In addition to the permit fee and occupancy fee required by § 21-304 of this Part 3, the fees required by the aforesaid Part 1 to defray the Township's cost of permanently restoring the excavated area shall be paid by the applicant company at the time the permit is granted.
[Ord. 72, 3/14/1963, § 6]
The applicant company shall erect, construct and maintain all
posts, poles, booths, cables, wires, conduits, ducts, mains, pipes,
manholes, and all other fixtures, facilities, or apparatus erected
or constructed under the provision of this Part 3, in good and safe
order, condition, and manner, and shall at all times fully indemnify,
protect and save harmless the Township of Salisbury from and against
all actions, claims, suits, damages, judgments or charges, and against
all loss and necessary expenditures to the Township arising from or
necessitated by the improper erection, construction and maintenance
thereof, or from any company's neglect or failure to erect, construct,
or maintain the same in a proper or safe manner or in good and safe
order and condition.
[Ord. 72, 3/14/1963, § 7]
Every company availing itself of the privileges conferred by
this Part 3 shall be governed by all legal ordinances of a general
nature affecting its operations in the Township of Salisbury that
are now in force and enacted under and by virtue of the police powers
of the said Township or the laws of the state, as well as all such
ordinances and laws hereafter so enacted.
[Ord. 72, 3/14/1963, § 8; as amended by Ord. 11-88-303,
11/22/1988]
Any person, firm, or corporation violating any provision of
this Part 3 shall, upon conviction thereof before any District Justice
of the Township of Salisbury, be sentenced to pay a fine of not more
than $300; and/or to imprisonment for a term not to exceed 90 days.
