(a) Maintenance of Facilities. Each Service Provider and Service Lessee shall maintain its Facilities in good and safe condition and in a manner that complies with all applicable federal, State and local requirements.
(b) Safety Procedures. Each Person shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements for the safety of the general public and to prevent injury or damage to any Person, vehicle or property by reason of such work in or affecting the Right-of-Way or property.
(c) Interference with the Public Rights-of-Way. No Person may locate or maintain Facilities so as to unreasonably interfere, as determined by the Chief Building Official, with the use of the Right-of-Way by the Village, the general public or other Persons authorized to use or be present in or upon the Right-of-Way. The Person shall temporarily or permanently move all such Facilities, as determined by the Chief Building Official.
(d) Damage to Public or Private Property. No Person (including a Service Provider or Service Lessee) shall take any action or permit any action that may impair or damage any Village Property, Right- of-Way, or other public or private property located in, on or adjacent thereto.
(e) Restoration of Right-of-Way, Other Ways and Village Property.
(1) When a Person (including a Service Provider and Service Lessee) does any construction, reconstruction, Excavation, Routine Maintenance, Emergency work or any other work in or affecting any Right-of-Way or Village property, it shall, after the work is completed and at its own expense, promptly remove any obstructions from and restore such ways or property, within ten (10) to thirty (30) days, at the Chief Building Official's discretion, to as good a condition as existed before the work was undertaken, as directed by the Chief Building Official.
(2) If weather or other conditions prevent the complete restoration required by this Section, the Person shall temporarily restore the affected ways or property as directed by the Chief Building Official, at the Person's sole expense. The Person shall promptly undertake and complete the required permanent restoration when weather or other conditions no longer prevent permanent restoration.
(f) Restoration of Improvements. After completing any construction work, a Person (including a Service Provider or Service Lessee) shall promptly repair any and all Rights-of-Way, property improvements, fixtures, structures and Facilities that were damaged during the course of construction, and restore them as nearly as practicable to their prior condition.
(g) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, reconstruction, installation, maintenance, repair or replacement of Facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with overhead Facilities.
(2) All restoration work within the Right-of-Way shall be done in accordance with landscape plans approved by the Chief Building Official.
(h) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the Chief Building Official, any permit holder, Service Provider, Service Lessee or other Person that owns, controls or maintains any unauthorized system, Facility or related appurtenances within the Village Right-of-Way shall, at its own expense, remove such Facilities or appurtenances from the Village Right-of-Way. After the thirty (30) days have expired, the Village may remove the Facilities or appurtenances from the Village Right-of-Way at the other party's expense. A Facility is unauthorized and subject to removal in the following circumstances:
(1) Upon termination of the permit holder's use permit;
(2) Upon abandonment of a Facility within the Village Right-of-Way;
(3) If the Facility was constructed, reconstructed, installed, operated, located or maintained without the prior grant of a permit;
(4) If the Facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of the Village Right-of Way was performed, without prior issuance of a required permit, except as otherwise provided by this chapter; or
(5) If the Facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation in the Village Right-of-Way was performed, at a location not permitted by the permit holder's permit; provided that any Service Provider who constructed, reconstructed, installed, operated, located or maintained or began constructing, reconstructing, installing, locating, operating or maintaining the Facility, or began any excavation of a Village Right-of-Way, prior to the effective date of this chapter shall have ninety (90) days from the effective date of this chapter, to apply for the appropriate permit.
(i) Emergency Removal or Relocation of Facilities. The Village retains the right and privilege to cut or move any facilities, or stop work on any construction, reconstruction, installation, operation or excavation, located within the Village Right-of-Way, as the Village may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare. (Ord. 2016-12-43. Passed 3-1-17.)