(A) Conditions of street occupancy. All facilities and equipment installed or erected by the grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways.
(B) Restoration of public ways. If during the course of the grantee’s construction, operation, and/or maintenance of its facilities and equipment there occurs a disturbance of any public way by the grantee, the grantee shall, at its expense, replace and restore such public way to a condition which existed immediately prior to such disturbance. If the grantee excavates the surface of any public way, grantee shall be responsible for restoration of the public way and its surface within the area affected by the excavation. The township reserves the right, after providing notice to the grantee, to remove and/or repair any work done by the grantee which is inadequate. The reasonable cost thereof, including the cost of inspection and supervision, shall be paid by the grantee. All excavations made by the grantee in the public way shall be properly safeguarded for the prevention of accidents.
(C) Trees and shrubbery. The grantee shall notify township and all affected property owners regarding the grantee’s need to trim trees or other natural growth upon and overhanging public ways so as to prevent the branches of such trees from coming in contact with its facilities or equipment. Trimming shall be limited to the area required to clear its facilities or equipment.
(D) Safety requirements. All such work in the public ways shall be performed in accordance with applicable safety codes and technical requirements.
(E) Maps. Prior to beginning any construction of facilities, the grantee shall provide the township with a construction schedule for work in the pubic ways which schedule shall be updated as changed. Upon completion of initial construction and upon completion of construction of any modification to its facilities, the grantee shall provide the township with a map showing the location of its installed facilities in the public ways. Such maps shall be provided in both paper form, as well as in an electronic format for placement on the township’s GIS system. Annually thereafter, the grantee shall provide a map to the township showing the location of the grantee’s facilities in the public ways on a scale of 150 feet per inch or whatever standard scale the township adopts for general use.
(F) Excavations. The grantee may make excavations in public ways for any facility subject to obtaining excavation permits from the township. Prior to doing such work, the grantee must apply for, and obtain, appropriate permits from the township, and give appropriate notices to any other licensees and/or permittees of the township, and/or other units of government owning or maintaining facilities which may be affected by the proposed excavation.
(G) Reservation of township public ways. Nothing in this subchapter shall be construed to prevent the Township or other agency of government or municipal authority from constructing sewers, grading, paving, repairing and/or altering any street and/or laying down, repairing and/or removing water mains and/or constructing and/or establishing any other public work or improvement. If any of the grantee’s facilities or equipment interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, the grantee’s facilities or equipment shall be removed or replaced in the manner the respective township or other agency of government or municipal authority shall direct. Any and all such removal or replacement shall be at the expense of the grantee. Should the grantee fail to remove, adjust or relocate its facilities by the date established by the township or other agency of government or municipal authority, the township or other agency of government or municipal authority may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by the grantee, including all reasonable costs and expenses incurred by the township or other agency of government or municipal authority due to the grantee’s delay.
(Ord. 166, passed 11-9-2005) Penalty, see § 53.99