§ 113.080 LOCATION OF PROPERTY OF LICENSEE.
   (A)   Any poles, wires, cable lines, conduits, or other properties of a licensee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the Town Manager acting in the exercise of his or her reasonable discretion consistent with the town’s technical and permitting regulations.
   (B)   Except as provided by the town, a licensee shall not install or erect any facility or apparatus in or on any privately-owned area within the town that has not yet become a public street, whether or not designated or delineated as a proposed public street on any preliminary subdivision approved by the town.
   (C)   Notwithstanding any other provision in this chapter or any license granted pursuant thereto, all facilities of a licensee in any public street or in any public or private easement, and cable service lines to subscribers off the main lines, shall be located underground as per the town’s subdivision regulations as may be amended from time to time and at such depths and locations as shall be approved by the Town Manager.
   (D)   Except as provided in the license, upon the undergrounding of other utility lines or shared overhead facilities, the licensee shall concurrently (or earlier) place its facilities underground, at its own expense (when the undergrounding is at the expense of the other utilities involved), at depths and locations approved by the Town Manager.
   (E)   All new underground wires or cable of the licensee placed after the effective date of this chapter shall be placed in conduit except for service drop lines.
   (F)   As required by the Town Manager or other appropriate departments, the licensee or its authorized contractors will obtain permits, prior to any physical work being performed in the town’s rights-of-way, or on town-owned property. All work will be done in accordance with the town’s technical and permitting specifications. A licensee shall make maps of the applicable portion of the cable system showing amplifier and power supply locations available for inspection and review at the office where licensee maintains such records. The licensee shall provide the town with up-to-date route maps of a suitable scale showing all transmitting and receiving pickup locations and cable route and pedestal locations.
   (G)   To prevent unnecessary disruption and damage to streets, rights-of-way, and other property, the installation of cable system shall be accomplished in new subdivisions at the same time, and in the same trench as other communications, electric, and other permanent services to structures. Except as federal law may grant them other rights, developers of new residential buildings or mobile homes within a new or undeveloped subdivision, new residential units within new multiple occupancy residential developments, and new commercial and industrial buildings and structures shall treat cable facilities as they treat other communication facilities, utilities, and other underground facilities, in regards to availability and cost of trenching for undergroundings.
(Ord. 2003-07, passed 9-25-2003)