(A) Locations determined in discretion of town. The town shall have the discretion to approve, deny, alter, and condition all proposed locations of facilities in the public way, and to determine whether placement, if allowed, shall be above ground or below ground.
(B) Underground locations for wire and fiber. Wires, fiber, and similar conduit shall generally be located underground. A user that wishes to place such facilities above ground shall demonstrate to the town’s satisfaction why above ground placement is necessary.
(C) Existing ducts. Facilities shall be located in existing ducts if such ducts are available and practicable to use, as determined in the discretion of the town, taking into account relevant considerations. A user shall take reasonable steps to procure the right to use existing ducts.
(D) Documentation of sufficient space. A user shall demonstrate to the town’s satisfaction that sufficient space exists in the public way for its proposed facilities without interfering with existing or future public projects, and that placement of the facilities will not unduly disrupt use of the public way or negatively impact the condition of the public way.
(E) Posting of notice. The town may require a user to post written notice of proposed work or activities along the public way impacted and/or to distribute notices to individual properties located along the public way.
(F) Documentation to town upon completion. Users shall give the town and SGWASA (if requested) all information requested by the town regarding the installation of facilities upon completion. Such information may include, but is not limited to, as-built or other maps, which shall be furnished in the form required by the town, and changes to planned locations that were necessary to avoid pre-existing infrastructure.
(G) Maps and information on file with users. During the time period a user has facilities in the public way, the user shall maintain one or more maps showing the placement of its facilities in the public way. A user shall also maintain other information regarding the function and capacity of its facilities. Upon the town’s or SGWASA’s request, the user shall furnish these maps and information to the town or SGWASA within the time period specified at no cost and in such form and detail as the town or SGWASA requires.
(H) NC one call. Users with underground facilities shall maintain a membership in the KC Underground Locating System during the time period facilities are located in the public way and respond to and locate underground facilities as required by the Underground Utility Safety and Damage Prevention Act, G.S. §§ 87-115 et seq., and other applicable regulations and requirements.
(I) Relocation of facilities. A user shall, at its own cost, relocate its facilities within a time determined in the discretion of the town, if the town determines in its discretion or after consultation with SGWASA that the facilities:
(1) Interfere with the use of the public way or the provision of services to town residents;
(2) Will impede the construction of a project funded in part with public funds, or a project to be dedicated to the public upon completion; or
(3) That the public way can be better or more efficiently utilized by the relocation of the facilities.
(J) Maintenance of facilities. Users shall monitor, maintain, and repair their facilities in the public way so that they function in a safe manner and do not create a risk to persons or property. Users shall notify the town of maintenance and repair work that may impact the public way or use of the public way. Users shall give the town or SGWASA all information requested regarding the condition of facilities. Users shall repair facilities upon town’s request.
(K) Removal of facilities in the public way. Facilities placed in the public way without an authorization, if one is required by the town, and facilities for which a license or franchise has expired shall be removed upon order of the town. In addition, all abandoned facilities or facilities that no longer function as part of a user’s system shall be removed by their owner upon order of the town. If facilities that are required to be removed are not removed, the town or SGWASA may remove them, with the cost of removal to be borne by the owner.
(Ord. passed 5-1-2014)