Except for traffic control facilities and facilities in place as of the effective date of this chapter, facilities that are the subject of other agreements between the village and a permittee, or as otherwise provided by law, the village shall not install or maintain upon any poles and within any underground pipes or conduits or other facilities of any general or limited right-of-way permittee, any facilities desired by the village for the village’s use without the consent of such permittee unless (i) such installation and maintenance is lawful and consistent with good engineering and construction practice and all appropriate safety codes, (ii) such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the permittee, (iii) such installation and maintenance is not unduly burdensome to such permittee, (iv) the village offers to enter into a reasonable agreement with the permittee which specifies other appropriate and reasonable terms and conditions governing the use of permittee’s facilities including compensation to the permittee for the village’s use of such facilities, and (v) the village’s use is non-discriminatory. Each permittee shall cooperate with the village in the development of a facility use agreement for such village facilities. Each permittee shall cooperate with the village in planning and designing its facilities so as to accommodate the village’s reasonably disclosed requirements in this regard. Copies of all agreements hereunder shall be filed with the Director.
(Ord. 10-12-05, passed 1-4-11) Penalty, see § 97.99