(A) A permittee, its contractors and subcontractors, may not open or otherwise disturb the surface of any street, sidewalk, alley, public right-of-way, or other public place for any purpose whatsoever, except emergency repairs, without first obtaining all necessary permits in accordance with applicable provisions of the village's ordinances, or otherwise with written approval from the Public Utility Director. A permittee shall promptly notify the Public Utility Director upon making emergency repairs and shall seek approval as otherwise specifically provided in this section and the village ordinances, accepting all risks involved.
(B) If a permittee fails to complete any repair or maintenance work required by law or by the provisions of this chapter to be done in any public rights-of-way, the Public Utility Director may cause the work to be done and the permittee shall pay to the village its costs to perform the work.
(C) The Public Utility Director shall give a perminee notice of improvements where paving, regrading or resurfacing of a permanent nature is involved. The notice shall describe the nature and character of the improvements, the public rights-of-way over, under, and within which they shall be made, the extent of the improvements and the work schedule for the improvements.
(D) The village shall allow the permittees a reasonable time to make the additions, alterations, or repairs to its facilities as the permittees deems necessary in advance of the village's commencement of the improvements so as to allow the permittees to maintain continuity of service.
(E) A permittees shall coordinate its construction program and all other work in the public rights-of-way with the state and county construction, rebuilding, resurfacing, and repair.
(F) A permittees shall not endanger or interfere with the safety of persons or property within the village. A permittee shall replace and restore all paving, sidewalk, driveway, landscaping, or surface of any property disturbed by construction or maintenance of its system in a good and professional manner within 24 hours after any damage is incurred.
(G) All working facilities, conditions, and procedures used or occurring during construction and operation of a system shall comply with the standards of both the Federal and Michigan Occupational Safety and Health Administrations.
(H) Construction and maintenance of a system shall be performed in an orderly and professional manner, and in close coordination with public and private utilities serving the village following accepted industry construction procedures and practices and working through existing committees and organizations.
(I) A permittees shall maintain all wires, conduits, cables, pipes, and other real and personal property and facilities in good condition, order, and repair.
(J) Nothing in this chapter shall be construed as authorizing a permittee to erect and maintain new poles in areas serviced by existing poles.
(K) A permittees shall utilize existing poles, conduits, and other facilities wherever practicable, and shall not construct or install any new, different, or additional poles, or other facilities unless expressly provided for in the construction plans incorporated into the permit. Where utility or other wiring is located underground, either at the time of initial construction, subsequent thereto, or at the direction of the village a permittee's system shall also be located underground unless expressly provided for in the construction plans incorporated into the permit.
(L) All cable and wires shall be installed in accordance with industry safety standards, and shall be installed, where possible, parallel with cable, electric, or other utility lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering consideration. All underground wire or cable shall be placed in conduits unless and except as this requirement is specifically waived in the permit.
(M) Where no pole, conduit, line, or wire of a utility, cable services provider, or other permittees already is in place, all construction shall be underground unless expressly waived by the Village Council.
(N) Mini-hubs, switches, nodes, and other equipment shall be installed in underground enclosures whenever possible. The Public Utilities Director's and Village Engineer's approval shall be required for any buildings, mini-hubs, switches, nodes, and other equipment installed above ground in public rights-of-way.
(O) House drops shall be grounded and installed in a neat and workmanlike manner. Buried drops shall be at least 30 inches deep within the public rights-of-way, and shall be at least 12 inches deep in all other locations.
(P) A permittees who provides electrical, cable service (television), or communication services shall identify its system and subscriber, customer drops by color code, stamping, engraving, tags, stickers, or other appropriate method selected by a permittee or provide in a permit to distinguish among systems, utilities, and other services.
(Q) A permittees shall, at the request of any person holding a permit to move a building, temporarily remove, raise, or lower its wires to permit the moving of the building.
(1) The temporary removal, raising, or lowering of wires shall be at the sole cost and expense of the person requesting the same, and the permittees shall have the authority to request payment for the same in advance before complying with the request.
(2) Any person making such a request from the permittees shall give not less than 15 business days notice of the contemplated move.
(3) Any interruption in service caused by the temporary removal, raising, or lowering of a permittee's wires in accordance with this division (Q) shall not subject the permittees to any penalty. Any interruption in service occasioned under this division (Q) shall be done, as far as is practicable, at a time when interruption of service will be minimized.
(4) If temporary removal of wires is required to permit the moving of a building, the person making the request shall be liable to the permittees for any loss of revenues to the permittees for the interruption of service caused by the temporary removal.
(R) A permittees may trim trees or other vegetation to prevent their branches or leaves from touching or otherwise interfering with its wires, cable, or other structures in accordance with the village's ordinances and regulations.
(1) All trimming or pruning shall be at the sole cost of the permittees.
(2) A person engaged by the permittees to provide tree trimming or pruning services shall be deemed an agent of the permittees when engaged in the activity.
(3) The permittees shall obtain the written permission of the owner of any privately owned tree before it trims or prunes the same, unless otherwise provided by the permit. The permittees shall notify the village prior to trimming or pruning any tree located within the public rights-of-way.
(4) If any tree is substantially damaged or disfigured due to permittee’s trimming, permittee, at the request of the village, shall replace the tree with a tree of mature size.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99