(A) Pedestals and similar aboveground appurtenances.
(1) The Municipality has determined that pedestals and similar aboveground appurtenances located on a public street or public way (other than in an alley or as provided in division (C) below) or on public property will adversely affect the appearance of the Municipality and of the property therein. Accordingly, pursuant to § 541(a)(2) of the Cable Act, the grantee shall not under any circumstances install or locate a pedestal or any similar aboveground appurtenance on any public street or public way (other than in an alley or as provided in division (C) below) or on any public property as a part of any new construction or any relocation or reinstallation.
(2) Pedestals or similar aboveground appurtenances may be installed on private property only with the express, prior written consent and permission of the affected property owner or his or her authorized agent, or the duly elected or appointed representative of the affected property; provided, however, that such pedestals or aboveground appurtenances shall comply with all applicable provisions of the Municipal Code.
(3) Notwithstanding division (B) above, pedestals or similar aboveground appurtenances may be installed within certain utility easements on private property without the consent or permission of the affected property owner provided that the grantee is lawfully authorized to use such utility easement pursuant to applicable state or federal law; no such pedestal or similar aboveground appurtenance may be installed unless, at the time of the desired installation, there exists within the utility easement,a similar aboveground appurtenance of another utility company or entity; the grantee's pedestal or similar aboveground appurtenance shall be located as close as is practicable to the existing aboveground appurtenance; and in the event of an emergency, the grantee shall attempt to contact the property owner or legal tenant in person and shall leave a door hanger notice in the event personal contact is not made.
(B) Vaults.
(1) The grantee shall not install underground vaults on any public street or public way after the effective date of this franchise, except in accordance with and pursuant to the provisions of subsection (4) below. All underground vaults shall be flush mounted with the surface of the land area.
(2) The grantee shall inform the owner of any private property in the Municipality where the grantee contemplates placing a vault on the parkway immediately adjacent to the private property, that the owner has the right to elect between the construction and installation of an underground vault on the owner's private property or on the public street or public way (including, without limitation, the parkway) immediately adjacent to the owner's property. Notice shall be in writing, in form and substance acceptable to the Municipal Administrator or Manager, and delivered by certified mail or personal delivery to the owner at least 30 days immediately before the commencement of construction on or around the owner's property.
(3) In the event that the owner elects to allow construction and installation of an underground vault on the owner's property, then the owner shall be required to grant the grantee an easement, in form reviewed and approved by the Municipality's attorney, allowing for such construction and installation.
(4) In the event that the owner elects not to allow construction and installation of an underground vault on the owner's property; fails to respond to the election notice delivered by the grantee pursuant to subsection (2) above within 45 days after the owner receives the notice; or refuses to grant the grantee the easement pursuant to subsection (3) above within 30 days after the owner's receipt of an easement document, then the grantee shall be entitled to construct and install an underground vault on the public way (including, without limitation, the parkway) that is immediately adjacent to the owner's property.
(C) Trenching requirements. The grantee shall excavate all trenches at a depth no less than that required by the National Electrical Code for the installation of drop cable, feeder cable and trunk cable. All open trenches in which work is being performed shall be covered at the end of each working day, and when the trench is not occupied by a work crew, with a wooden covering in a public way, or with a metal covering where work is being performed in a public street. Coverings shall be adequately secured in order to prevent movement of the trench cover which would expose the trench opening.
(Ord. 767, passed 4-25-00)