(a) All equipment or facilities of a permit holder under this chapter to be located on, under or adjacent to any right-of-way within the Municipality shall be constructed, reconstructed, installed and located in accordance with the following terms and conditions:
(1) Equipment or facilities shall be installed within an existing compatible underground duct or conduit whenever excess capacity exists within such facility or equipment.
(2) A permit holder with permission to install overhead equipment or facilities shall install its equipment or facilities on pole attachments to existing utility poles only, and then only if surplus space is available on the existing utility poles.
(3) Whenever the existing electric, cable, telecommunications and other similar equipment or facilities are located underground in any right-of-way, a permit holder under this Chapter with permission to occupy the same public right-of-way with the electric, cable, telecommunications or other similar equipment or facilities, must also locate its equipment or facilities underground.
(4) Except for overhead equipment or facilities as provided herein, no equipment or facilities shall be located above ground in a public right-of- way without the express written permission of the Village Administrator in accordance with Section 921.04.
(b) The Municipality retains the right and privilege to cut or move any equipment or facilities, or stop work on any construction, reconstruction, installation, operation or evacuation, located in the right-of-way as the Village Administrator may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the Municipality’s actions would cause a dangerous or potentially dangerous situation.
(Ord. 07-159. Passed 12-31-07.)
(Ord. 07-159. Passed 12-31-07.)