[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-1998 by Ord. No. 1772]
For the purpose of this article, the following words shall have the
following meanings:
It shall be unlawful for any person to construct, install, erect, alter
or relocate a tower, antennae or other telecommunications facilities in the
Township of Ridley without first having obtained a license therefor, as hereinafter
provided. All such licenses must be renewed annually. The provisions of this
article shall not apply to satellite dish antennae used solely for residential
purposes.
A.
The application for a facility license required under § 282-2 shall be made upon a form provided by the Township of Ridley. A separate application must be filed for each tower or antenna, even if more than one tower or antenna is located at the same site.
B.
In the case of an antenna, the application fee shall
be as set from time to time by resolution of the Board of Commissioners. In
the case of a tower, the application fee shall be as set from time to time
by resolution of the Board of Commissioners.[1]
C.
The application shall include the following:
(1)
The name, address and telephone number of the license
applicant.
(2)
A description of the telecommunications services that
are or will be offered or provided by the licensee over its telecommunications
facilities.
(3)
The location of the proposed tower or antennae.
(4)
In the case of a tower, the name and address of the owner
of the lot on which the tower is to be erected. ln the case of an antenna,
the name and address of the owner of the structure, whether it be a tower,
building or other structure, on which the antenna will be located.
(5)
The name, address and phone number of the person to be
contacted regarding any issue related to the tower or antenna.
(6)
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to also provide the telecommunications services, and that the proposed tower or antenna is in compliance with § 325-95 of Chapter 325, Zoning, of the Code of the Township of Ridley.
(7)
Such other and further information which may be requested
by the Township.
All applications for a facility license shall be considered by the Township
Board of Commissioners at a regular meeting thereof. Applications for licenses
shall be denied for failure to provide any information requested in the license
application. Applications must be submitted at least 10 days prior to the
regular Board of Commissioners meeting in order to be considered at that month's
meeting. The denial of any license shall be in writing and shall be mailed
to the applicant within 10 days of the decision.
The applicant shall file, upon approval of the application, a bond running
to the benefit of the Township, conditioned for the faithful observance of
all provisions of this article, and all other applicable regulations, during
the continuance of such license, and any renewal thereof for not more than
one year. The bond shall be in the sums as set from time to time by resolution
of the Board of Commissioners for an antenna and for a tower. A copy of said
bond shall be provided to the Township with the license application.
No license granted under this article shall confer any exclusive right,
privilege, license or franchise to operate a telecommunications facility in
the Township of Ridley.
Each license granted under this article is subject to the Township's
right, which is expressly reserved, to annually fix a fair and reasonable
compensation to be paid for the lease of any property rights granted to the
licensee.
A.
A grantee that desires to renew its license under this article shall not more than 180 days nor less than 90 days before expiration of the current license file an application with the Township for renewal of its license, which shall include the information required pursuant to § 282-3 of this article.
The Township Code Enforcement Officer may conduct periodic inspections
of any telecommunications facility for the purpose of determining whether
or not said facility is in compliance with all applicable ordinances of the
Township of Ridley. It shall be unlawful for any person to willfully prevent
or restrain the Code Enforcement Officer from entering the property on which
a tower or antenna is in existence for the purpose of inspecting said facilities,
after proper identification is presented.
Any person, firm or corporation who violates any of the provisions of
this article shall, upon conviction before a District Justice, be sentenced
to pay a fine not exceeding $1,000, plus costs of prosecution, and in default
of payment of such fine and costs shall be imprisoned for a period not to
exceed 30 days. Each day such a violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
[Adopted 6-24-1998 by Ord. No. 1786]
The purpose of this article is:
A.
To regulate the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair and use
of private communications systems in, upon, along, across, above, over, under
or in any manner connected with the streets, public ways or public places
within the boundaries of the Township; and
B.
To provide the Township with compensation for occupation
and use of the Township's rights-of-way for private communications systems;
and
C.
To provide the Township with compensation for acquisition
and maintenance of the Township's rights-of-way when used for commercial
purposes.
For the purposes of this article and any license in accordance herewith,
the following terms, phrases, words and their derivations shall have the meanings
given herein unless otherwise specifically provided in this article:
The Federal Communications Commission or its legally appointed successor.
The privilege granted by the Township authorizing 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.
Any communications equipment or facilities, not part of the communications
system franchised by the Township, that 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.
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, wharves and
piers.
All cash, credits, or property of any kind or nature reported as
revenue items on licensee's audited income statements arising from or
attributable to the sale or exchange of private communications services by
the licensee within the Township or in any way derived from the operation
of its private communications system, including, but not limited to, any interconnection
between its system in the Township and any system whatsoever. This sum shall
be the basis for computing the fee imposed pursuant to this article. Such
sum shall not include any bad debts, deposits, promotional or vendor discounts
or credits nor sales, service, occupation or other excise tax to the extent
that such taxes are charged separately from normal service charges and are
remitted by the licensee directly to the taxing authority.
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. Said license shall be in addition to any other licenses, permits,
leases or permission required by the Township or any other government body.
A.
Any annual license issued by the Township in accordance
herewith shall be a nonexclusive license for the 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.
B.
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 article and and all applicable federal,
state and local ordinances and regulations and the space occupied is not needed
for a public purpose.
A.
Any license issued for the use of a right-of-way for
a private communications system in accordance herewith shall apply only to
the location or locations stated on the license or licenses.
B.
Nothing in this article shall be construed as a representation,
promise or guaranty 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.
A.
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.
B.
The Township Engineer and the Code Enforcement Office
of the Township of Ridley shall review all applications for licenses under
this article and monitor all work completed thereunder for compliance with
all applicable federal, state and local laws, regulations and codes.
A.
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 to protect the Township from any and all damages or costs
suffered or incurred by the Township as a result thereof, 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.
B.
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 article or any license issued in
accordance herewith or for damages either to the full amount of such bond
or otherwise.
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 license fees:
A.
Any private communications system which serves no customers
other than itself shall pay compensation and license fees in the amount as
set from time to time by resolution of the Board of Commissioners per linear
foot for each diameter inch or less of underground conduit or wire or each
.250 diameter inch or less of aerial wire per annum. In no event shall the
fee be less per annum than that set from time to time by resolution of the
Board of Commissioners.[1]
B.
Any private communication system that serves customers
within the Township shall pay annually 5% of the annual total local gross
revenues from such customers to be calculated on the basis of all revenues
derived from transmissions that pass through the Township. Revenues derived
from transmissions that enter a private communications system through the
Township shall not be part of the total local gross revenues for purposes
of calculating compensation and license fees.
A.
The annual compensation and license fee provided for in § 282-18A shall be payable annually on the anniversary of the issuance of the license.
B.
The annual compensation and license fee provided for in § 282-18B shall be assessed quarterly for the preceding quarter, as of March 31, June 30, September 30 and December 31 of each year.
(1)
Each quarterly payment shall be payable and reportable
no less than 30 days after the relevant assessment date.
(2)
Each payment shall be accompanied by a report from the
licensee in a form approved by the Township showing the basis for the computation
and such other relevant data as may be required by the Township.
(3)
Each of such reports shall contain a notarized verification
by the chief financial officer of the licensee and such reports shall be verified
annually, within 90 days of the close of business of the last day of the calendar
year, by a certified public accountant selected by the Township at the expense
of the licensee.
(4)
Failure to comply strictly with this section shall be
deemed to be a violation of this article and shall subject the licensee to
all penalties and remedies, both legal and equitable, which are available
to the Township.
C.
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.
(1)
All fee payments shall be subject to audit by the Township
and assessment or refund if the payment is found to be in error.
(2)
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.
D.
Nothing in this article shall be construed to limit the
liability of the licensee for all applicable federal, state and local taxes.
A.
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.
B.
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 in 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.
C.
The Township Engineer, in consultation with the Township
Solicitor, shall set the type and coverage of insurance required. In setting
the amount, the Township 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.
A.
Any person who submits a request for a license in accordance
herewith shall include therein proposed agreements for the use of existing
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.
B.
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 herein. 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.
C.
The licensee shall restore any street or sidewalk it
has disturbed 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.
D.
The licensee shall, at its own cost and expense, protect,
support, temporarily disconnect, 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.
E.
Nothing in this article 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.
F.
The licensee shall maintain all wires, conduits, cables,
and other real and personal property and facilities in good condition, order
and repair.
G.
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.
H.
The licensee shall comply with all rules and regulations
adopted by the Township governing the construction and installation of private
communications systems. In addition:
(1)
All aerial cables and wires shall be installed parallel
with existing telephone and electric utility wires; and
(2)
Multiple aerial configurations shall be in parallel arrangement
and bundled, in accordance with engineering and safety considerations; and
(3)
All underground installations shall be in the appropriate
size and type conduit or other enclosures approved by the Superintendent;
and
(4)
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.
(a)
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.
(5)
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.
(6)
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.
A.
The licensee shall not transfer or assign its interest
in any license issued in accordance herewith without the prior written authorization
of the Township. For purposes of this section, a merger or consolidation shall
be deemed a transfer or assignment.
B.
Nothing in this approval by the Director or Township
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.
Any person, firm or corporation who violates any of the provisions of
this article shall, upon conviction before a District Justice, be sentenced
to pay a fine not exceeding $1,000, plus costs of prosecution, and in default
of payment of such fine and costs shall be imprisoned for a period not to
exceed 30 days. Each day such a violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
