(A) The poles used for a distribution system shall be, to the extent possible, those erected and maintained by either a power company, or a telephone company, or both. Notwithstanding any other provisions of this chapter, no poles, except replace- ments for existing poles, shall be erected by or for the grantee in any street without the prior approval of the town. An initial list of poles shall be provided to the town by the grantee and any new poles added due to extensions will be listed and provided to the town by the grantee. Any poles, wires, cables, or other facilities to be constructed or installed shall be con- structed or installed at those locations and depths and in such a manner as to comply with all state statutes and rules and regulations of the State Department of Transportation, the town, and any other agency of competent jurisdiction which must approve the construction or installation within the streets or roads and shall be constructed and installed so as to cause a minimum interference with the proper use of the streets or roads, and minimum interference with the property rights of property owners adjoining the streets or roads or other persons having property interest which will be affected by the construction or installation. The facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of the streets or roads, and no interference with property rights of owners of property adjoining the street or road or other affected owners of property interest.
(B) The installation of lines, including service drops to subscribers, shall be made underground in areas where either the telephone or power lines, or both, are underground or hereafter may be placed underground. The same shall apply to installation of other facilities. Also, installation of lines and facilities shall be underground, and any existing above-ground facilities shall be placed underground when required by rules, regulations, and policies of the State Department of Transportation or the town.
(C) The grantee shall, at its expense, protect, support, temporarily disconnect, or relocate in the same street or other public place, any property of the grantee when required by the town or the State Department of Transportation by reason of traffic conditions, public safety, street closing or abandon- ment, highway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, or any other types of structures or improvements; and the town or the State Department of Transportation shall not be liable for any disturbance of the grantee's installations resulting therefrom. This section applies to streets or roads as defined herein. The grantee shall do such tree trimming or other maintenance as shall be necessary to maintain its lines and cables and other property in good working order. All matters mentioned herein shall be performed at the grantee's expense.
(D) Whenever the grantee takes up or disturbs any pavement, sidewalk, or other improvement of any street or road, the same shall be replaced and the surface restored to as good condition as before entry, all in accordance with standards, regulations, and policies of the town or the State Department of Transportation or any subdivision thereof. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which shall be clearly designated by warning lights of an approved type.
(Ord. passed 7-21-86) Penalty, see § 111.99