(A) When required by general codes, ordinances, resolutions, regulations or rules of the town or applicable state or federal law, the permittee’s facilities shall be placed underground at no cost to the town. Placing facilities underground does not preclude the use of ground-mounted appurtenances.
(B) Where all facilities are installed underground at the time of the permittee’s construction, or when all such facilities are subsequently placed underground, all permittee facilities shall also be placed underground at no expense to the town unless funding is generally available for such relocation to all users of the rights-of-way. Related equipment, such as pedestals, must be placed in accordance with the town’s applicable code requirements and rules.
(C) For above ground facilities, the permittee shall utilize existing poles and conduit when possible.
(D) Should the town desire to place its own facilities in trenches or bores opened by the permittee, the permittee shall cooperate with the town in any construction by the permittee that involves trenching or boring; provided that, the town has first notified the permittee in some manner that it is interested in sharing the trenches or bores in the area where the permittee’s construction is occurring. The permittee shall allow the town to place its facilities in the permittee’s trenches and bores; provided, the town incurs any incremental increase in cost of the trenching and boring. Should the town desire to install ducts or conduit for the possible use of other entities, then the permittee shall allow the town to place these facilities in the permittee’s trenches and bores; provided, the town shares proportionally in the cost of trenching and boring. The town shall be responsible for maintaining its respective facilities buried in the permittee’s trenches and bores under this section.
(Prior Code, § 165.14.3) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)